Department of Justice

September 15, 2010

Guidance on the 

2010 ADA Standards

for Accessible Design
Reproduction of this document is encouraged.

This publication may be viewed or downloaded

from the ADA website (www.ADA.gov). 

Additional copies may be obtained 

by calling the ADA Information Line: 

800-514-0301 (voice) 

800-514-0383 (TTY)

September 15, 2010

i
Contents

 

Introduction....................................................1

State and Local Government Facilities: 

Guidance on the Revisions to 28 CFR 35.151....3

Public Accommodations and Commercial 

Facilities: Guidance on the Revisions

to 28 CFR part 36, subpart D............................39

Appendix B to part 36: Analysis and 

Commentary on the 2010 ADA Standards

for Accessible Design.........................................69

1

2

3

4

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iii
1

The Department of Justice published its revised regulations for 

Titles II and III of the Americans with Disabilities Act of 1990 “ADA” 

in the Federal Register on September 15, 2010, which include 

the 2010 Standards for Accessible Design “2010 Standards” or 

“Standards”. In the revised regulations, the Department included 

detailed guidance with a section-by-section analysis of the 

revisions.

The following includes guidance from the revised regulations 

related to 28 CFR 35.151; 28 CFR part 36, subpart D; and 

the 2004 ADAAG. It addresses changes to the Standards, 

the reasoning behind those changes, and responses to public 

comments received on these topics 

For More Information

For information about the ADA, including the revised 2010 ADA 

regulations, please visit the Department’s website www.ADA.

gov; or, for answers to specific questions, call the toll-free ADA 

Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY).

1Introduction
2
2 State and Local 

Government Facilities

3
4 - Guidance on 2010 Standards: Title II Department of Justice
State and Local Government 

Facilities: Guidance on the 

Revisions to 28 CFR Section 

35.151

 Section 35.151(a), which provided that 

those facilities that are constructed or altered 

by, on behalf of, or for the use of a public 

entity shall be designed, constructed, or 

altered to be readily accessible to and usable 

by individuals with disabilities, is unchanged 

in the final rule, but has been redesignated 

as Sec. 35.151(a)(1). The Department has 

added a new section, designated as Sec. 

35.151(a)(2), to provide that full compliance 

with the requirements of this section is not 

required where an entity can demonstrate 

that it is structurally impracticable to meet 

the requirements. Full compliance will be 

considered structurally impracticable only in 

those rare circumstances when the unique 

characteristics of terrain prevent the incorporation of accessibility features. This exception was contained in the title III regulation 

and in the 1991 Standards (applicable to 

both public accommodations and facilities 

used by public entities), so it has applied 

to any covered facility that was constructed 

under the 1991 Standards since the effective 

date of the ADA. The Department added it 

to the text of Sec. 35.151 to maintain consistency between the design requirements 

that apply under title II and those that apply 

under title III. The Department received no 

significant comments about this section.

Section 35.151(b) Alterations

 The 1991 title II regulation does not contain any specific regulatory language comparable to the 1991 title III regulation relating 

to alterations and path of travel for covered entities, although the 1991 Standards 

describe standards for path of travel during 

alterations to a primary function. See 28 CFR 

part 36, app A., section 4.1.6(a) (2009).

 The path of travel requirements contained in the title III regulation are based 

on section 303(a)(2) of the ADA, 42 U.S.C. 

12183(a)(2), which provides that when an 

entity undertakes an alteration to a place of 

public accommodation or commercial facility that affects or could affect the usability of or access to an area that contains 

a primary function, the entity shall ensure 

that, to the maximum extent feasible, the 

path of travel to the altered area--and the 

restrooms, telephones, and drinking fountains serving it--is readily accessible to 

and usable by individuals with disabilities, 

including individuals who use wheelchairs.

 The NPRM proposed amending 

Sec. 35.151 to add both the path of travel 

requirements and the exemption relating 

to barrier removal (as modified to apply to 

the program accessibility standard in title 

II) that are contained in the title III regulation to the title II regulation. Proposed 

Sec. 35.151(b)(4) contained the requirements for path of travel. Proposed 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 5
Sec. 35.151(b)(2) stated that the path of 

travel requirements of Sec. 35.151(b)(4) shall 

not apply to measures taken solely to comply 

with program accessibility requirements.

 Where the specific requirements for path 

of travel apply under title III, they are limited to the extent that the cost and scope 

of alterations to the path of travel are disproportionate to the cost of the overall 

alteration, as determined under criteria 

established by the Attorney General.

 The Access Board included the path of 

travel requirement for alterations to facilities 

covered by the standards (other than those 

subject to the residential facilities standards) 

in section 202.4 of 2004 ADAAG. Section 

35.151(b)(4)(iii) of the final rule establishes 

the criteria for determining when the cost of 

alterations to the path of travel is “disproportionate’’ to the cost of the overall alteration.

 The NPRM also provided that areas 

such as supply storage rooms, employee 

lounges and locker rooms, janitorial closets, 

entrances, and corridors are not areas containing a primary function. Nor are restroom 

areas considered to contain a primary function unless the provision of restrooms is a 

primary purpose of the facility, such as at a 

highway rest stop. In that situation, a restroom would be considered to be an “area 

containing a primary function’’ of the facility.

 The Department is not changing the 

requirements for program accessibility. As 

provided in Sec. 35.151(b)(2) of the regulation, the path of travel requirements of Sec. 

35.151(b)(4) only apply to alterations undertaken solely for purposes other than to meet 

the program accessibility requirements.

The exemption for the specific path of travel 

requirement was included in the regulation to ensure that the specific requirements 

and disproportionality exceptions for path of 

travel are not applied when areas are being 

altered to meet the title II program accessibility requirements in Sec. 35.150. In contrast, 

when areas are being altered to meet program accessibility requirements, they must 

comply with all of the applicable requirements referenced in section 202 of the 2010 

Standards. A covered title II entity must provide accessibility to meet the requirements 

of Sec. 35.150 unless doing so is an undue 

financial and administrative burden in accordance with Sec. 35.150(a)(3). A covered title 

II entity may not use the disproportionality 

exception contained in the path of travel provisions as a defense to providing an accessible route as part of its obligation to provide 

program accessibility. The undue financial 

and administrative burden standard does 

not contain any bright line financial tests.

 The Department’s proposed 

Sec. 35.151(b)(4) adopted the language 

now contained in Sec. 36.403 of the title 

III regulation, including the disproportionality limitation (i.e., alterations made to 

6 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
provide an accessible path of travel to the 

altered area would be deemed disproportionate to the overall alteration when the 

cost exceeds 20 percent of the cost of the 

alteration to the primary function area). 

Proposed Sec. 35.151(b)(2) provided that 

the path of travel requirements do not apply 

to alterations undertaken solely to comply 

with program accessibility requirements.

 The Department received a substantial number of comments objecting to the 

Department’s adoption of the exemption for 

the path of travel requirements when alterations are undertaken solely to meet program 

accessibility requirements. These commenters argued that the Department had no statutory basis for providing this exemption nor 

does it serve any purpose. In addition, these 

commenters argued that the path of travel 

exemption has the effect of placing new limitations on the obligations to provide program 

access. A number of commenters argued that 

doing away with the path of travel requirement would render meaningless the concept 

of program access. They argued that just as 

the requirement to provide an accessible path 

of travel to an altered area (regardless of the 

reason for the alteration), including making 

the restrooms, telephones, and drinking fountains that serve the altered area accessible, 

is a necessary requirement in other alterations, it is equally necessary for alterations 

made to provide program access. Several 

commenters expressed concern that a readily accessible path of travel be available to 

ensure that persons with disabilities can get 

to the physical location in which programs 

are held. Otherwise, they will not be able to 

access the public entity’s service, program, 

or activity. Such access is a cornerstone of 

the protections provided by the ADA. Another 

commenter argued that it would be a waste of 

money to create an accessible facility without 

having a way to get to the primary area. This 

commenter also stated that the International 

Building Code (IBC) requires the path of travel to a primary function area, up to 20 percent 

of the cost of the project. Another commenter 

opposed the exemption, stating that the trigger of an alteration is frequently the only 

time that a facility must update its facilities to 

comply with evolving accessibility standards.

 In the Department’s view, the commenters objecting to the path of travel exemption 

contained in Sec. 35.151(b)(2) did not understand the intention behind the exemption. 

The exemption was not intended to eliminate 

any existing requirements related to accessibility for alterations undertaken in order 

to meet program access obligations under 

Sec. 35.149 and Sec. 35.150. Rather, it was 

intended to ensure that covered entities did 

not apply the path of travel requirements in 

lieu of the overarching requirements in this 

Subpart that apply when making a facility 

accessible in order to comply with program 

accessibility. The exemption was also intended to make it clear that the disproportionality 

test contained in the path of travel standards 

is not applicable in determining whether 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 7
providing program access results in an undue 

financial and administration burden within the 

meaning of Sec. 35.150(a)(3). The exemption was also provided to maintain consistency with the title III path of travel exemption 

for barrier removal, see Sec. 36.304(d), in 

keeping with the Department’s regulatory 

authority under title II of the ADA. See 42 

U.S.C. 12134(b); see also H. R Rep. No. 

101B485, pt. 2, at 84 (1990) (“The committee 

intends, however, that the forms of discrimination prohibited by section 202 be identical to those set out in the applicable provisions of titles I and III of this legislation.’’).

 For title II entities, the path of travel 

requirements are of significance in those 

cases where an alteration is being made 

solely for reasons other than program accessibility. For example, a public entity might 

have six courtrooms in two existing buildings 

and might determine that only three of those 

courtrooms and the public use and common 

use areas serving those courtrooms in one 

building are needed to be made accessible 

in order to satisfy its program access obligations. When the public entity makes those 

courtrooms and the public use and common 

use areas serving them accessible in order 

to meet its program access obligations, it 

will have to comply with the 2010 Standards 

unless the public entity can demonstrate that 

full compliance would result in undue financial and administrative burdens as described 

in Sec. 35.150(a)(3). If such action would 

result in an undue financial or administrative 

burden, the public entity would nevertheless 

be required to take some other action that 

would not result in such an alteration or such 

burdens but would ensure that the benefits 

and services provided by the public entity are 

readily accessible to persons with disabilities. 

When the public entity is making modifications to meet its program access obligation, 

it may not rely on the path of travel exception under Sec. 35.151(b)(4), which limits 

the requirement to those alterations where 

the cost and scope of the alterations are 

not disproportionate to the cost and scope 

of the overall alterations. If the public entity 

later decides to alter courtrooms in the other 

building, for purposes of updating the facility 

(and, as previously stated, has met its program access obligations) then in that case, 

the public entity would have to comply with 

the path of travel requirements in the 2010 

Standards subject to the disproportionality 

exception set forth in Sec. 35.151(b)(4).

 The Department has slightly revised proposed Sec. 35.151(b)(2) to make it clearer 

that the path of travel requirements only 

apply when alterations are undertaken solely 

for purposes other than program accessibility.

Section 35.151(b)(4)(ii)(C) 

Path of travel--safe harbor 

In Sec. 35.151(b)(4)(ii)(C) of the NPRM, the 

Department included a provision that stated 

that public entities that have brought required 

elements of path of travel into compliance 

8 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
with the 1991 Standards are not required 

to retrofit those elements in order to reflect 

incremental changes in the 2010 Standards 

solely because of an alteration to a primary 

function area that is served by that path 

of travel. In these circumstances, the public entity is entitled to a safe harbor and is 

only required to modify elements to comply 

with the 2010 Standards if the public entity 

is planning an alteration to the element.

 A substantial number of commenters 

objected to the Department’s imposition of 

a safe harbor for alterations to facilities of 

public entities that comply with the 1991 

Standards. These commenters argued 

that if a public entity is already in the process of altering its facility, there should be 

a legal requirement that individuals with 

disabilities be entitled to increased accessibility by using the 2010 Standards for 

path of travel work. They also stated that 

they did not believe there was a statutory basis for “grandfathering’’ facilities 

that comply with the 1991 Standards.

 The ADA is silent on the issue of “grandfathering’’ or establishing a safe harbor for 

measuring compliance in situations where 

the covered entity is not undertaking a 

planned alteration to specific building elements. The ADA delegates to the Attorney 

General the responsibility for issuing regulations that define the parameters of covered 

entities’ obligations when the statute does 

not directly address an issue. This regulation 

implements that delegation of authority.

 One commenter proposed that a previous record of barrier removal be one of 

the factors in determining, prospectively, 

what renders a facility, when viewed in 

its entirety, usable and accessible to 

persons with disabilities. Another commenter asked the Department to clarify, 

at a minimum, that to the extent compliance with the 1991 Standards does not 

provide program access, particularly with 

regard to areas not specifically addressed 

in the 1991 Standards, the safe harbor 

will not operate to relieve an entity of its 

obligations to provide program access.

 One commenter supported the proposal 

to add a safe harbor for path of travel.

 The final rule retains the safe harbor 

for required elements of a path of travel to 

altered primary function areas for public entities that have already complied with the 1991 

Standards with respect to those required 

elements. The Department believes that this 

safe harbor strikes an appropriate balance 

between ensuring that individuals with disabilities are provided access to buildings and 

facilities and potential financial burdens on 

existing public entities that are undertaking 

alterations subject to the 2010 Standards. 

This safe harbor is not a blanket exemption 

for facilities. If a public entity undertakes an 

alteration to a primary function area, only 

the required elements of a path of travel to 

that area that already comply with the 1991 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 9
Standards are subject to the safe harbor. If 

a public entity undertakes an alteration to a 

primary function area and the required elements of a path of travel to the altered area 

do not comply with the 1991 Standards, then 

the public entity must bring those elements 

into compliance with the 2010 Standards.

Section 35.151(b)(3) 

Alterations to historic facilities

 The final rule renumbers the requirements 

for alterations to historic facilities enumerated in current Sec. 35.151(d)(1) and (2) as 

Sec. 35.151(b)(3)(i) and (ii). Currently, the 

regulation provides that alterations to historic facilities shall comply to the maximum 

extent feasible with section 4.1.7 of UFAS 

or section 4.1.7 of the 1991 Standards. See 

28 CFR 35.151(d)(1). Section 35.151(b)(3)

(i) of the final rule eliminates the option of 

using UFAS for alterations that commence 

on or after March 15, 2012. The substantive requirement in current Sec. 35.151(d)

(2)--that alternative methods of access shall 

be provided pursuant to the requirements 

of Sec. 35.150 if it is not feasible to provide 

physical access to an historic property in 

a manner that will not threaten or destroy 

the historic significance of the building or 

facility--is contained in Sec. 35.151(b)(3)(ii).

Section 35.151(c) Accessibility 

standards for new construction and 

alterations

 Section 35.151(c) of the NPRM proposed 

to adopt ADA Chapter 1, ADA Chapter 2, and 

Chapters 3 through 10 of the Americans with 

Disabilities Act and Architectural Barriers 

Act Guidelines (2004 ADAAG) into the ADA 

Standards for Accessible Design (2010 

Standards). As the Department has noted, 

the development of these standards represents the culmination of a lengthy effort by 

the Access Board to update its guidelines, 

to make the Federal guidelines consistent to 

the extent permitted by law, and to harmonize 

the Federal requirements with the private 

sector model codes that form the basis of 

many State and local building code requirements. The full text of the 2010 Standards 

is available for public review on the ADA 

Home Page (http://www.ada.gov) and on the 

Access Board’s Web site (http://www.accessboard.gov/gs.htm) (last visited June 24, 

2010). The Access Board site also includes 

an extensive discussion of the development of the 2004 ADA/ABA Guidelines, 

and a detailed comparison of the 1991 

Standards, the 2004 ADA/ABA Guidelines, 

and the 2003 International Building Code.

 Section 204 of the ADA, 42 U.S.C. 12134, 

directs the Attorney General to issue regulations to implement title II that are consistent 

with the minimum guidelines published by 

10 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
the Access Board. The Attorney General 

(or his designee) is a statutory member of 

the Access Board (see 29 U.S.C. 792(a)

(1)(B(vii)) and was involved in the development of the 2004 ADAAG. Nevertheless, 

during the process of drafting the NPRM, 

the Department reviewed the 2004 ADAAG 

to determine if additional regulatory provisions were necessary. As a result of this 

review, the Department decided to propose 

new sections, which were contained in 

Sec. 35.151(e)(h) of the NPRM, to clarify 

how the Department will apply the proposed 

standards to social service center establishments, housing at places of education, 

assembly areas, and medical care facilities. 

Each of these provisions is discussed below.

 Congress anticipated that there would 

be a need for close coordination of the ADA 

building requirements with State and local 

building code requirements. Therefore, the 

ADA authorized the Attorney General to 

establish an ADA code certification process 

under title III of the ADA. That process is 

addressed in 28 CFR part 36, subpart F. 

Revisions to that process are addressed in 

the regulation amending the title III regulation published elsewhere in the Federal 

Register today. In addition, the Department 

operates an extensive technical assistance 

program. The Department anticipates that 

once this rule is final, revised technical 

assistance material will be issued to provide guidance about its implementation.

 Section 35.151(c) of the 1991 title II 

regulation establishes two standards for 

accessible new construction and alteration. 

Under paragraph (c), design, construction, 

or alteration of facilities in conformance with 

UFAS or with the 1991 Standards (which, 

at the time of the publication of the rule 

were also referred to as the Americans with 

Disabilities Act Accessibility Guidelines for 

Buildings and Facilities (1991 ADAAG)) is 

deemed to comply with the requirements 

of this section with respect to those facilities (except that if the 1991 Standards are 

chosen, the elevator exemption does not 

apply). The 1991 Standards were based on 

the 1991 ADAAG, which was initially developed by the Access Board as guidelines for 

the accessibility of buildings and facilities 

that are subject to title III. The Department 

adopted the 1991 ADAAG as the standards 

for places of public accommodation and 

commercial facilities under title III of the 

ADA and it was published as Appendix A 

to the Department’s regulation implementing title III, 56 FR 35592 (July 26, 1991) as 

amended, 58 FR 17522 (April 5, 1993), and 

as further amended, 59 FR 2675 (Jan. 18, 

1994), codified at 28 CFR part 36 (2009).

 Section 35.151(c) of the final rule adopts 

the 2010 Standards and establishes the 

compliance date and triggering events for 

the application of those standards to both 

new construction and alterations. Appendix 

B of the final title III rule (Analysis and 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 11
Commentary on the 2010 ADA Standards for 

Accessible Design) (which will be published 

today elsewhere in this volume and codified 

as Appendix B to 28 CFR part 36) provides a 

description of the major changes in the 2010 

Standards (as compared to the 1991 ADAAG) 

and a discussion of the public comments that 

the Department received on specific sections 

of the 2004 ADAAG. A number of commenters asked the Department to revise certain 

provisions in the 2004 ADAAG in a manner 

that would reduce either the required scoping or specific technical accessibility requirements. As previously stated, although the 

ADA requires the enforceable standards 

issued by the Department under title II and 

title III to be consistent with the minimum 

guidelines published by the Access Board, 

it is the sole responsibility of the Attorney 

General to promulgate standards and to 

interpret and enforce those standards. The 

guidelines adopted by the Access Board are 

“minimum guidelines.’’ 42 U.S.C. 12186(c).

Compliance date. When the ADA was 

enacted, the effective dates for various 

provisions were delayed in order to provide 

time for covered entities to become familiar 

with their new obligations. Titles II and III 

of the ADA generally became effective on 

January 26, 1992, six months after the 

regulations were published. See 42 U.S.C. 

12131 note; 42 U.S.C. 12181 note. New 

construction under title II and alterations 

under either title II or title III had to comply 

with the design standards on that date. See 

42 U.S.C. 12183(a)(1). For new construction 

under title III, the requirements applied 

to facilities designed and constructed for 

first occupancy after January 26, 1993--

18 months after the 1991 Standards were 

published by the Department. In the NPRM, 

the Department proposed to amend 

Sec. 35.151(c)(1) by revising the current 

language to limit the application of the 1991 

standards to facilities on which construction 

commences within six months of the final 

rule adopting revised standards. The NPRM 

also proposed adding paragraph (c)(2) to 

Sec. 35.151, which states that facilities on 

which construction commences on or after 

the date six months following the effective 

date of the final rule shall comply with the 

proposed standards adopted by that rule.

 As a result, under the NPRM, for the first 

six months after the effective date, public 

entities would have the option to use either 

UFAS or the 1991 Standards and be in 

compliance with title II. Six months after the 

effective date of the rule, the new standards 

would take effect. At that time, construction 

in accordance with UFAS would no longer 

satisfy ADA requirements. The Department 

stated that in order to avoid placing the burden of complying with both standards on 

public entities, the Department would coordinate a government-wide effort to revise 

Federal agencies’ section 504 regulations 

to adopt the 2004 ADAAG as the standard 

for new construction and alterations.

12 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
 The purpose of the proposed six-month 

delay in requiring compliance with the 2010 

Standards was to allow covered entities a 

reasonable grace period to transition between 

the existing and the proposed standards. For 

that reason, if a title II entity preferred to use 

the 2010 Standards as the standard for new 

construction or alterations commenced within 

the six-month period after the effective date 

of the final rule, such entity would be considered in compliance with title II of the ADA.

 The Department received a number of 

comments about the proposed six-month 

effective date for the title II regulation that 

were similar in content to those received on 

this issue for the proposed title III regulation. Several commenters supported the sixmonth effective date. One commenter stated 

that any revisions to its State building code 

becomes effective six months after adoption and that this has worked well. In addition, this commenter stated that since 2004 

ADAAG is similar to IBC 2006 and ICC/ANSI 

A117.1-2003, the transition should be easy. 

By contrast, another commenter advocated 

for a minimum 12-month effective date, arguing that a shorter effective date could cause 

substantial economic hardships to many cities and towns because of the lengthy lead 

time necessary for construction projects. 

This commenter was concerned that a sixmonth effective date could lead to projects 

having to be completely redrawn, rebid, and 

rescheduled to ensure compliance with the 

new standards. Other commenters advocated 

that the effective date be extended to at least 

18 months after the publication of the rule. 

One of these commenters expressed concern that the kinds of bureaucratic organizations subject to the title II regulations lack 

the internal resources to quickly evaluate the 

regulatory changes, determine whether they 

are currently compliant with the 1991 standards, and determine what they have to do 

to comply with the new standards. The other 

commenter argued that 18 months is the 

minimum amount of time necessary to ensure 

that projects that have already been designed 

and approved do not have to undergo costly 

design revisions at taxpayer expense.

 The Department is persuaded by the concerns raised by commenters for both the 

title II and III regulations that the six-month 

compliance date proposed in the NPRM for 

application of the 2010 Standards may be 

too short for certain projects that are already 

in the midst of the design and permitting 

process. The Department has determined 

that for new construction and alterations, 

compliance with the 2010 Standards will 

not be required until 18 months from the 

date the final rule is published. Until the 

time compliance with the 2010 Standards is 

required, public entities will have the option 

of complying with the 2010 Standards, the 

UFAS, or the 1991 Standards. However, 

public entities that choose to comply with 

the 2010 Standards in lieu of the 1991 

Standards or UFAS prior to the compliance 

date described in this rule must choose 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 13
one of the three standards, and may not 

rely on some of the requirements contained 

in one standard and some of the requirements contained in the other standards.

Triggering event. In Sec. 35.151(c)(2) of the 

NPRM, the Department proposed that the 

commencement of construction serve as the 

triggering event for applying the proposed 

standards to new construction and alterations 

under title II. This language is consistent with 

the triggering event set forth in 

Sec. 35.151(a) of the 1991 title II regulation. The Department received only four 

comments on this section of the title II 

rule. Three commenters supported the 

use of “start of construction’’ as the triggering event. One commenter argued that 

the Department should use the “last building permit or start of physical construction, 

whichever comes first,’’ stating that “altering a design after a building permit has 

been issued can be an undue burden.’’

 After considering these comments, the 

Department has decided to continue to use 

the commencement of physical construction as the triggering event for application of 

the 2010 Standards for entities covered by 

title II. The Department has also added 

clarifying language at Sec. 35.151(c)

(4) to the regulation to make it clear that 

the date of ceremonial groundbreaking 

or the date a structure is razed to make 

it possible for construction of a facility to 

take place does not qualify as the commencement of physical construction.

 Section 234 of the 2010 Standards provides accessibility guidelines for newly 

designed and constructed amusement rides. 

The amusement ride provisions do not provide a “triggering event’’ for new construction or alteration of an amusement ride. An 

industry commenter requested that the triggering event of “first use,’’ as noted in the 

Advisory note to section 234.1 of the 2004 

ADAAG, be included in the final rule. The 

Advisory note provides that “[a] custom 

designed and constructed ride is new upon 

its first use, which is the first time amusement 

park patrons take the ride.’’ The Department 

declines to treat amusement rides differently than other types of new construction 

and alterations. Under the final rule, they are 

subject to Sec. 35.151(c). Thus, newly constructed and altered amusement rides shall 

comply with the 2010 Standards if the start 

of physical construction or the alteration is 

on or after 18 months from the publication 

date of this rule. The Department also notes 

that section 234.4.2 of the 2010 Standards 

only applies where the structural or operational characteristics of an amusement ride 

are altered. It does not apply in cases where 

the only change to a ride is the theme.

Noncomplying new construction and 

alterations. The element-by-element safe 

harbor referenced in Sec. 35.150(b)(2) 

has no effect on new or altered elements 

in existing facilities that were subject to 

the 1991 Standards or UFAS on the date 

that they were constructed or altered, 

14 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
but do not comply with the technical and 

scoping specifications for those elements 

in the 1991 Standards or UFAS. Section 

35.151(c)(5) of the final rule sets forth the 

rules for noncompliant new construction or 

alterations in facilities that were subject to 

the requirements of this part. Under those 

provisions, noncomplying new construction 

and alterations constructed or altered 

after the effective date of the applicable 

ADA requirements and before March 15, 

2012 shall, before March 15, 2012, be 

made accessible in accordance with either 

the 1991 Standards, UFAS, or the 2010 

Standards. Noncomplying new construction 

and alterations constructed or altered after 

the effective date of the applicable ADA 

requirements and before March 15, 2012, 

shall, on or after March 15, 2012 be made 

accessible in accordance with the 2010 

Standards.

Section 35.151(d) Scope of coverage

 In the NPRM, the Department proposed 

a new provision, Sec. 35.151(d), to clarify 

that the requirements established by 

Sec. 35.151, including those contained in 

the 2004 ADAAG, prescribe what is necessary to ensure that buildings and facilities, 

including fixed or built-in elements in new or 

altered facilities, are accessible to individuals with disabilities. Once the construction or 

alteration of a facility has been completed, 

all other aspects of programs, services, and 

activities conducted in that facility are subject 

to the operational requirements established in 

this final rule. Although the Department may 

use the requirements of the 2010 Standards 

as a guide to determining when and how 

to make equipment and furnishings accessible, those determinations fall within the 

discretionary authority of the Department.

 The Department also wishes to clarify 

that the advisory notes, appendix notes, 

and figures that accompany the 1991 and 

2010 Standards do not establish separately 

enforceable requirements unless specifically 

stated otherwise in the text of the standards. 

This clarification has been made to address 

concerns expressed by ANPRM commenters who mistakenly believed that the advisory notes in the 2004 ADAAG established 

requirements beyond those established in the 

text of the guidelines (e.g., Advisory 504.4 

suggests, but does not require, that covered entities provide visual contrast on stair 

tread nosing to make them more visible to 

individuals with low vision). The Department 

received no significant comments on this 

section and it is unchanged in the final rule.

Definitions of residential facilities and 

transient lodging. The 2010 Standards add 

a definition of “residential dwelling unit’’ and 

modify the current definition of “transient 

lodging.’’ Under section 106.5 of the 2010 

Standards, “residential dwelling unit’’ is 

defined as “[a] unit intended to be used 

as a residence, that is primarily long-term 

in nature’’ and does not include transient 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 15
lodging, inpatient medical care, licensed 

long-term care, and detention or correctional 

facilities. Additionally, section 106.5 of the 

2010 Standards changes the definition of 

“transient lodging’’ to a building or facility 

“containing one or more guest room(s) for 

sleeping that provides accommodations that 

are primarily short-term in nature.’’ “Transient 

lodging’’ does not include residential dwelling 

units intended to be used as a residence. 

The references to “dwelling units’’ and 

“dormitories’’ that are in the definition of the 

1991 Standards are omitted from the 2010 

Standards.

 The comments about the application of 

transient lodging or residential standards 

to social service center establishments, 

and housing at a place of education are 

addressed separately below. The Department 

received one additional comment on this 

issue from an organization representing 

emergency response personnel seeking 

an exemption from the transient lodging 

accessibility requirements for crew quarters and common use areas serving those 

crew quarters (e.g., locker rooms, exercise 

rooms, day room) that are used exclusively 

by on-duty emergency response personnel and that are not used for any public 

purpose. The commenter argued that since 

emergency response personnel must meet 

certain physical qualifications that have 

the effect of exempting persons with mobility disabilities, there is no need to build 

crew quarters and common use areas 

serving those crew quarters to meet the 

2004 ADAAG. In addition, the commenter 

argued that applying the transient lodging 

standards would impose significant costs 

and create living space that is less usable 

for most emergency response personnel.

 The ADA does not exempt spaces because 

of a belief or policy that excludes persons 

with disabilities from certain work. However, 

the Department believes that crew quarters 

that are used exclusively as a residence 

by emergency response personnel and the 

kitchens and bathrooms exclusively serving those quarters are more like residential 

dwelling units and are therefore covered 

by the residential dwelling standards in the 

2010 Standards, not the transient lodging 

standards. The residential dwelling standards address most of the concerns of the 

commenter. For example, the commenter 

was concerned that sinks in kitchens and 

lavatories in bathrooms that are accessible 

under the transient lodging standards would 

be too low to be comfortably used by emergency response personnel. The residential 

dwelling standards allow such features to 

be adaptable so that they would not have to 

be lowered until accessibility was needed. 

Similarly, grab bars and shower seats would 

not have to be installed at the time of construction provided that reinforcement has 

been installed in walls and located so as 

to permit their installation at a later date.

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Section 35.151(e) 

Social service center establishments

 In the NPRM, the Department proposed a 

new Sec. 35.151(e) requiring group homes, 

halfway houses, shelters, or similar social 

service center establishments that provide 

temporary sleeping accommodations or 

residential dwelling units to comply with the 

provisions of the 2004 ADAAG that apply to 

residential facilities, including, but not limited 

to, the provisions in sections 233 and 809.

 The NPRM explained that this proposal 

was based on two important changes in 

the 2004 ADAAG. First, for the first time, 

residential dwelling units are explicitly covered in the 2004 ADAAG in section 233. 

Second, the 2004 ADAAG eliminates the 

language contained in the 1991 Standards 

addressing scoping and technical requirements for homeless shelters, group homes, 

and similar social service center establishments. Currently, such establishments are 

covered in section 9.5 of the transient lodging section of the 1991 Standards. The 

deletion of section 9.5 creates an ambiguity of coverage that must be addressed.

 The NPRM explained the Department’s 

belief that transferring coverage of social 

service center establishments from the transient lodging standards to the residential 

facilities standards would alleviate conflicting requirements for social service center 

providers. The Department believes that a 

substantial percentage of social service center establishments are recipients of Federal 

financial assistance from the Department of 

Housing and Urban Development (HUD). The 

Department of Health and Human Services 

(HHS) also provides financial assistance 

for the operation of shelters through the 

Administration for Children and Families programs. As such, these establishments are 

covered both by the ADA and section 504 

of the Rehabilitation Act. UFAS is currently 

the design standard for new construction 

and alterations for entities subject to section 

504. The two design standards for accessibility--the 1991 Standards and UFAS--have 

confronted many social service providers 

with separate, and sometimes conflicting, 

requirements for design and construction 

of facilities. To resolve these conflicts, the 

residential facilities standards in the 2004 

ADAAG have been coordinated with the section 504 requirements. The transient lodging 

standards, however, are not similarly coordinated. The deletion of section 9.5 of the 1991 

Standards from the 2004 ADAAG presented 

two options: (1) Require coverage under the 

transient lodging standards, and subject such 

facilities to separate, conflicting requirements 

for design and construction; or (2) require 

coverage under the residential facilities standards, which would harmonize the regulatory 

requirements under the ADA and section 504. 

The Department chose the option that harmonizes the regulatory requirements: coverage 

under the residential facilities standards.

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 In the NPRM, the Department expressed 

concern that the residential facilities standards do not include a requirement for clear 

floor space next to beds similar to the requirement in the transient lodging standards and 

as a result, the Department proposed adding 

a provision that would require certain social 

service center establishments that provide 

sleeping rooms with more than 25 beds to 

ensure that a minimum of 5 percent of the 

beds have clear floor space in accordance 

with section 806.2.3 or 2004 ADAAG.

 In the NPRM, the Department requested 

information from providers who operate homeless shelters, transient group 

homes, halfway houses, and other social 

service center establishments, and from 

the clients of these facilities who would be 

affected by this proposed change, asking, 

“[t]o what extent have conflicts between the 

ADA and section 504 affected these facilities? What would be the effect of applying 

the residential dwelling unit requirements 

to these facilities, rather than the requirements for transient lodging guest rooms?’’ 

73 FR 34466, 34491 (June 17, 2008).

 Many of the commenters supported applying the residential facilities requirements to 

social service center establishments, stating that even though the residential facilities requirements are less demanding in 

some instances, the existence of one clear 

standard will result in an overall increased 

level of accessibility by eliminating the 

confusion and inaction that are sometimes 

caused by the current existence of multiple requirements. One commenter also 

stated that “it makes sense to treat social 

service center establishments like residential facilities because this is how these 

establishments function in practice.’’

 Two commenters agreed with applying the residential facilities requirements 

to social service center establishments 

but recommended adding a requirement for various bathing options, such 

as a roll-in shower (which is not required 

under the residential standards).

 One commenter objected to the change 

and asked the Department to require that 

social service center establishments continue to comply with the transient lodging standards. One commenter stated 

that it did not agree that the standards for 

residential coverage would serve persons 

with disabilities as well as the 1991 transient lodging standards. This commenter 

expressed concern that the Department 

had eliminated guidance for social service 

agencies and that the rule should be put on 

hold until those safeguards are restored. 

Another commenter argued that the rule 

that would provide the greatest access for 

persons with disabilities should prevail.

 Several commenters argued for the application of the transient lodging standards to all 

social service center establishments except 

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those that were “intended as a person’s place 

of abode,’’ referencing the Department’s 

question related to the definition of “place 

of lodging’’ in the title III NPRM. One commenter stated that the International Building 

Code requires accessible units in all transient facilities. The commenter expressed 

concern that group homes should be built 

to be accessible, rather than adaptable.

 The Department continues to be concerned about alleviating the challenges for 

social service providers that are also subject 

to section 504 and would likely be subject 

to conflicting requirements if the transient 

lodging standards were applied. Thus, the 

Department has retained the requirement that 

social service center establishments comply 

with the residential dwelling standards. The 

Department believes, however, that social 

service center establishments that provide 

emergency shelter to large transient populations should be able to provide bathing 

facilities that are accessible to persons with 

mobility disabilities who need roll-in showers. Because of the transient nature of the 

population of these large shelters, it will not 

be feasible to modify bathing facilities in a 

timely manner when faced with a need to 

provide a roll-in shower with a seat when 

requested by an overnight visitor. As a result, 

the Department has added a requirement 

that social service center establishments with 

sleeping accommodations for more than 50 

individuals must provide at least one roll-in 

shower with a seat that complies with the 

relevant provisions of section 608 of the 2010 

Standards. Transfer-type showers are not 

permitted in lieu of a roll-in shower with a seat 

and the exceptions in sections 608.3 and 

608.4 for residential dwelling units are not 

permitted. When separate shower facilities 

are provided for men and for women, at least 

one roll-in shower shall be provided for each 

group. This supplemental requirement to the 

residential facilities standards is in addition 

to the supplemental requirement that was 

proposed in the NPRM for clear floor space 

in sleeping rooms with more than 25 beds.

 The Department also notes that while 

dwelling units at some social service center 

establishments are also subject to the Fair 

Housing Act (FHAct) design and construction requirements that require certain features of adaptable and accessible design, 

FHAct units do not provide the same level 

of accessibility that is required for residential facilities under the 2010 Standards. 

The FHAct requirements, where also applicable, should not be considered a substitute for the 2010 Standards. Rather, 

the 2010 Standards must be followed in 

addition to the FHAct requirements.

 The Department also notes that whereas the NPRM used the term “social service establishment,’’ the final rule uses 

the term “social service center establishment.’’ The Department has made this 

editorial change so that the final rule is 

consistent with the terminology used in 

the ADA. See 42 U.S.C. 12181(7)(k).

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Section 35.151(f) 

Housing at a place of education

 The Department of Justice and the 

Department of Education share responsibility for regulation and enforcement of the 

ADA in postsecondary educational settings, 

including its requirements for architectural 

features. In addition, the Department of 

Housing and Urban Development (HUD) has 

enforcement responsibility for housing subject to title II of the ADA. Housing facilities in 

educational settings range from traditional 

residence halls and dormitories to apartment 

or townhouse-style residences. In addition 

to title II of the ADA, public universities and 

schools that receive Federal financial assistance are also subject to section 504, which 

contains its own accessibility requirements 

through the application of UFAS. Residential 

housing in an educational setting is also 

covered by the FHAct, which requires newly 

constructed multifamily housing to include 

certain features of accessible and adaptable 

design. Covered entities subject to the ADA 

must always be aware of, and comply with, 

any other Federal statutes or regulations that 

govern the operation of residential properties.

 Although the 1991 Standards mention 

dormitories as a form of transient lodging, 

they do not specifically address how the ADA 

applies to dormitories or other types of residential housing provided in an educational 

setting. The 1991 Standards also do not 

contain any specific provisions for residential 

facilities, allowing covered entities to elect 

to follow the residential standards contained 

in UFAS. Although the 2004 ADAAG contains provisions for both residential facilities and transient lodging, the guidelines do 

not indicate which requirements apply to 

housing provided in an educational setting, 

leaving it to the adopting agencies to make 

that choice. After evaluating both sets of 

standards, the Department concluded that 

the benefits of applying the transient lodging standards outweighed the benefits of 

applying the residential facilities standards. 

Consequently, in the NPRM, the Department 

proposed a new Sec. 35.151(f) that provided 

that residence halls or dormitories operated 

by or on behalf of places of education shall 

comply with the provisions of the proposed 

standards for transient lodging, including, 

but not limited to, the provisions in sections 224 and 806 of the 2004 ADAAG.

 Both public and private school housing 

facilities have varied characteristics. College 

and university housing facilities typically provide housing for up to one academic year, 

but may be closed during school vacation 

periods. In the summer, they are often used 

for short-term stays of one to three days, 

a week, or several months. Graduate and 

faculty housing is often provided year-round 

in the form of apartments, which may serve 

individuals or families with children. These 

housing facilities are diverse in their layout. 

Some are double-occupancy rooms with a 

shared toilet and bathing room, which may be 

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inside or outside the unit. Others may contain 

cluster, suite, or group arrangements where 

several rooms are located inside a defined 

unit with bathing, kitchen, and similar common facilities. In some cases, these suites 

are indistinguishable in features from traditional apartments. Universities may build their 

own housing facilities or enter into agreements with private developers to build, own, 

or lease housing to the educational institution 

or to its students. Academic housing may be 

located on the campus of the university or 

may be located in nearby neighborhoods. 

 Throughout the school year and the summer, academic housing can become program areas in which small groups meet, 

receptions and educational sessions are 

held, and social activities occur. The ability to move between rooms--both accessible rooms and standard rooms--in order 

to socialize, to study, and to use all public 

use and common use areas is an essential 

part of having access to these educational 

programs and activities. Academic housing 

is also used for short-term transient educational programs during the time students are 

not in regular residence and may be rented 

out to transient visitors in a manner similar 

to a hotel for special university functions.

 The Department was concerned that 

applying the new construction requirements 

for residential facilities to educational housing facilities could hinder access to educational programs for students with disabilities. 

Elevators are not generally required under 

the 2004 ADAAG residential facilities standards unless they are needed to provide 

an accessible route from accessible units 

to public use and common use areas, while 

under the 2004 ADAAG as it applies to other 

types of facilities, multistory public facilities 

must have elevators unless they meet very 

specific exceptions. In addition, the residential facilities standards do not require accessible roll-in showers in bathrooms, while the 

transient lodging requirements require some 

of the accessible units to be served by bathrooms with roll-in showers. The transient 

lodging standards also require that a greater 

number of units have accessible features 

for persons with communication disabilities. 

The transient lodging standards provide for 

installation of the required accessible features so that they are available immediately, 

but the residential facilities standards allow 

for certain features of the unit to be adaptable. For example, only reinforcements for 

grab bars need to be provided in residential 

dwellings, but the actual grab bars must be 

installed under the transient lodging standards. By contrast, the residential facilities 

standards do require certain features that 

provide greater accessibility within units, such 

as more usable kitchens, and an accessible 

route throughout the dwelling. The residential facilities standards also require 5 percent 

of the units to be accessible to persons with 

mobility disabilities, which is a continuation 

of the same scoping that is currently required 

under UFAS, and is therefore applicable to 

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Department of Justice Guidance on 2010 Standards: Title II - 21
any educational institution that is covered by 

section 504. The transient lodging standards 

require a lower percentage of accessible 

sleeping rooms for facilities with large numbers of rooms than is required by UFAS. For 

example, if a dormitory had 150 rooms, the 

transient lodging standards would require 

seven accessible rooms while the residential standards would require eight. In a large 

dormitory with 500 rooms, the transient lodging standards would require 13 accessible 

rooms and the residential facilities standards 

would require 25. There are other differences 

between the two sets of standards as well 

with respect to requirements for accessible 

windows, alterations, kitchens, accessible 

route throughout a unit, and clear floor space 

in bathrooms allowing for a side transfer.

 In the NPRM, the Department requested 

public comment on how to scope educational housing facilities, asking, “[w]ould 

the residential facility requirements or the 

transient lodging requirements in the 2004 

ADAAG be more appropriate for housing at 

places of education? How would the different 

requirements affect the cost when building 

new dormitories and other student housing?’’ 73 FR 34466, 34492 (June 17, 2008).

 The vast majority of the comments 

received by the Department advocated using 

the residential facilities standards for housing at a place of education instead of the 

transient lodging standards, arguing that 

housing at places of public education are in 

fact homes for the students who live in them. 

These commenters argued, however, that 

the Department should impose a requirement 

for a variety of options for accessible bathing 

and should ensure that all floors of dormitories be accessible so that students with disabilities have the same opportunities to participate in the life of the dormitory community 

that are provided to students without disabilities. Commenters representing persons with 

disabilities and several individuals argued 

that, although the transient lodging standards 

may provide a few more accessible features 

(such as roll-in showers), the residential facilities standards would ensure that students 

with disabilities have access to all rooms in 

their assigned unit, not just to the sleeping 

room, kitchenette, and wet bar. One commenter stated that, in its view, the residential facilities standards were congruent with 

overlapping requirements from HUD, and 

that access provided by the residential facilities requirements within alterations would 

ensure dispersion of accessible features 

more effectively. This commenter also argued 

that while the increased number of required 

accessible units for residential facilities as 

compared to transient lodging may increase 

the cost of construction or alteration, this cost 

would be offset by a reduced need to adapt 

rooms later if the demand for accessible 

rooms exceeds the supply. The commenter 

also encouraged the Department to impose 

a visitability (accessible doorways and necessary clear floor space for turning radius) 

requirement for both the residential facilities 

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and transient lodging requirements to allow 

students with mobility impairments to interact 

and socialize in a fully integrated fashion.

 Two commenters supported the 

Department’s proposed approach. One 

commenter argued that the transient lodging requirements in the 2004 ADAAG would 

provide greater accessibility and increase 

the opportunity of students with disabilities 

to participate fully in campus life. A second commenter generally supported the 

provision of accessible dwelling units at 

places of education, and pointed out that 

the relevant scoping in the International 

Building Code requires accessible units 

“consistent with hotel accommodations.’’

 The Department has considered the comments recommending the use of the residential facilities standards and acknowledges 

that they require certain features that are not 

included in the transient lodging standards 

and that should be required for housing provided at a place of education. In addition, 

the Department notes that since educational 

institutions often use their academic housing facilities as short-term transient lodging 

in the summers, it is important that accessible features be installed at the outset. It is 

not realistic to expect that the educational 

institution will be able to adapt a unit in a 

timely manner in order to provide accessible accommodations to someone attending 

a one-week program during the summer.

 The Department has determined that the 

best approach to this type of housing is to 

continue to require the application of transient lodging standards, but at the same 

time to add several requirements drawn from 

the residential facilities standards related 

to accessible turning spaces and work surfaces in kitchens, and the accessible route 

throughout the unit. This will ensure the maintenance of the transient lodging standard 

requirements related to access to all floors 

of the facility, roll-in showers in facilities with 

more than 50 sleeping rooms, and other 

important accessibility features not found in 

the residential facilities standards, but will 

also ensure usable kitchens and access 

to all the rooms in a suite or apartment.

 The Department has added a new definition to Sec. 35.104, “Housing at a Place of 

Education,’’ and has revised Sec. 35.151(f) 

to reflect the accessible features that now 

will be required in addition to the requirements set forth under the transient lodging 

standards. The Department also recognizes 

that some educational institutions provide 

some residential housing on a year-round 

basis to graduate students and staff which 

is comparable to private rental housing, and 

which contains no facilities for educational 

programming. Section 35.151(f)(3) exempts 

from the transient lodging standards apartments or townhouse facilities provided by 

or on behalf of a place of education that are 

leased on a year-round basis exclusively 

to graduate students or faculty, and do not 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 23
contain any public use or common use areas 

available for educational programming; 

instead, such housing shall comply with the 

requirements for residential facilities in sections 233 and 809 of the 2010 Standards.

 Section 35.151(f) uses the term “sleeping room’’ in lieu of the term “guest room,’’ 

which is the term used in the transient lodging standards. The Department is using 

this term because it believes that, for the 

most part, it provides a better description 

of the sleeping facilities used in a place 

of education than “guest room.’’ The final 

rule states that the Department intends the 

terms to be used interchangeably in the 

application of the transient lodging standards to housing at a place of education.

Section 35.151(g) 

Assembly areas

 In the NPRM, the Department proposed Sec. 35.151(g) to supplement the 

assembly area requirements of the 2004 

ADAAG, which the Department is adopting 

as part of the 2010 Standards. The NPRM 

proposed at Sec. 35.151(g)(1) to require 

wheelchair spaces and companion seating locations to be dispersed to all levels 

of the facility and are served by an accessible route. The Department received no 

significant comments on this paragraph 

and has decided to adopt the proposed 

language with minor modifications. The 

Department has retained the substance of 

this section in the final rule but has clarified 

that the requirement applies to stadiums, 

arenas, and grandstands. In addition, the 

Department has revised the phrase “wheelchair and companion seating locations’’ to 

“wheelchair spaces and companion seats.’’

 Section 35.151(g)(1) ensures that there 

is greater dispersion of wheelchair spaces 

and companion seats throughout stadiums, arenas, and grandstands than would 

otherwise be required by sections 221 and 

802 of the 2004 ADAAG. In some cases, 

the accessible route may not be the same 

route that other individuals use to reach 

their seats. For example, if other patrons 

reach their seats on the field by an inaccessible route (e.g., by stairs), but there 

is an accessible route that complies with 

section 206.3 of the 2010 Standards that 

could be connected to seats on the field, 

wheelchair spaces and companion seats 

must be placed on the field even if that route 

is not generally available to the public.

 Regulatory language that was included in 

the 2004 ADAAG advisory, but that did not 

appear in the NPRM, has been added by the 

Department in Sec. 35.151(g)(2). Section 

35.151(g)(2) now requires an assembly 

area that has seating encircling, in whole 

or in part, a field of play or performance 

area such as an arena or stadium, to place 

wheelchair spaces and companion seats 

around the entire facility. This rule, which 

is designed to prevent a public entity from 

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placing wheelchair spaces and companion seats on one side of the facility only, is 

consistent with the Department’s enforcement practices and reflects its interpretation 

of section 4.33.3 of the 1991 Standards.

 In the NPRM, the Department proposed 

Sec. 35.151(g)(2) which prohibits wheelchair spaces and companion seating locations from being “located on, (or obstructed 

by) temporary platforms or other moveable structures.’’ Through its enforcement 

actions, the Department discovered that 

some venues place wheelchair spaces and 

companion seats on temporary platforms 

that, when removed, reveal conventional 

seating underneath, or cover the wheelchair spaces and companion seats with 

temporary platforms on top of which they 

place risers of conventional seating. These 

platforms cover groups of conventional 

seats and are used to provide groups of 

wheelchair seats and companion seats.

 Several commenters requested an exception to the prohibition of the use of temporary 

platforms for public entities that sell most 

of their tickets on a season-ticket or other 

multi-event basis. Such commenters argued 

that they should be able to use temporary 

platforms because they know, in advance, 

that the patrons sitting in certain areas 

for the whole season do not need wheelchair spaces and companion seats. The 

Department declines to adopt such an exception. As it explained in detail in the NPRM, the 

Department believes that permitting the use 

of movable platforms that seat four or more 

wheelchair users and their companions have 

the potential to reduce the number of available wheelchair seating spaces below the 

level required, thus reducing the opportunities for persons who need accessible seating 

to have the same choice of ticket prices and 

amenities that are available to other patrons 

in the facility. In addition, use of removable 

platforms may result in instances where 

last minute requests for wheelchair and 

companion seating cannot be met because 

entire sections of accessible seating will be 

lost when a platform is removed. See 73 

FR 34466, 34493 (June 17, 2008). Further, 

use of temporary platforms allows facilities 

to limit persons who need accessible seating to certain seating areas, and to relegate 

accessible seating to less desirable locations. The use of temporary platforms has 

the effect of neutralizing dispersion and other 

seating requirements (e.g., line of sight) for 

wheelchair spaces and companion seats. 

Cf. Independent Living Resources v. Oregon 

Arena Corp., 1 F. Supp. 2d 1159, 1171 (D. 

Or. 1998) (holding that while a public accommodation may “infill’’ wheelchair spaces with 

removable seats when the wheelchair spaces 

are not needed to accommodate individuals 

with disabilities, under certain circumstances 

“[s]uch a practice might well violate the rule 

that wheelchair spaces must be dispersed 

throughout the arena in a manner that is 

roughly proportionate to the overall distribution of seating’’). In addition, using temporary 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 25
platforms to convert unsold wheelchair 

spaces to conventional seating undermines 

the flexibility facilities need to accommodate 

secondary ticket markets exchanges as 

required by Sec. 35.138(g) of the final rule.

 As the Department explained in the NPRM, 

however, this provision was not designed 

to prohibit temporary seating that increases 

seating for events (e.g., placing temporary 

seating on the floor of a basketball court 

for a concert). Consequently, the final rule, 

at Sec. 35.151(g)(3), has been amended 

to clarify that if an entire seating section 

is on a temporary platform for a particular 

event, then wheelchair spaces and companion seats may be in that seating section. 

However, adding a temporary platform to 

create wheelchair spaces and companion 

seats that are otherwise dissimilar from 

nearby fixed seating and then simply adding a small number of additional seats to 

the platform would not qualify as an “entire 

seating section’’ on the platform. In addition, Sec. 35.151(g)(3) clarifies that facilities 

may fill in wheelchair spaces with removable 

seats when the wheelchair spaces are not 

needed by persons who use wheelchairs.

 The Department has been responsive to 

assembly areas’ concerns about reduced 

revenues due to unused accessible seating. 

Accordingly, the Department has reduced 

scoping requirements significantly--by 

almost half in large assembly areas--and 

determined that allowing assembly areas to 

infill unsold wheelchair spaces with readily 

removable temporary individual seats appropriately balances their economic concerns 

with the rights of individuals with disabilities. 

See section 221.2 of the 2010 Standards.

 For stadium-style movie theaters, in 

Sec. 35.151(g)(4) of the NPRM the 

Department proposed requiring placement of 

wheelchair seating spaces and companion 

seats on a riser or cross-aisle in the stadium 

section of the theater and placement of such 

seating so that it satisfies at least one of 

the following criteria: (1) It is located within 

the rear 60 percent of the seats provided 

in the auditorium; or (2) it is located within 

the area of the auditorium where the vertical viewing angles are between the 40th to 

100th percentile of vertical viewing angles 

for all seats in that theater as ranked from 

the first row (1st percentile) to the back 

row (100th percentile). The vertical viewing angle is the angle between a horizontal 

line perpendicular to the seated viewer’s 

eye to the screen and a line from the seated 

viewer’s eye to the top of the screen.

 The Department proposed this bright-line 

rule for two reasons: (1) The movie theater 

industry petitioned for such a rule; and (2) the 

Department has acquired expertise on the 

design of stadium style theaters from litigation 

against several major movie theater chains. 

See U.S. v. AMC Entertainment, 232 F. 

Supp. 2d 1092 (C.D. Ca. 2002), rev’d in 

part, 549 F. 3d 760 (9th Cir. 2008); U.S. v. 

Cinemark USA, Inc., 348 F. 3d 569 (6th Cir. 

2003), cert. denied, 542 U.S. 937 (2004). 

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Two industry commenters--at least one of 

whom otherwise supported this rule--requested that the Department explicitly state 

that this rule does not apply retroactively to 

existing theaters. Although this rule on its 

face applies to new construction and alterations, these commenters were concerned 

that the rule could be interpreted to apply 

retroactively because of the Department’s 

statement in the ANPRM that this brightline rule, although newly-articulated, does 

not represent a “substantive change from 

the existing line-of-sight requirements’’ of 

section 4.33.3 of the 1991 Standards. See 

69 FR 58768, 58776 (Sept. 30, 2004).

 Although the Department intends for 

Sec. 35.151(g)(4) of this rule to apply prospectively to new construction and alterations, this rule is not a departure from, and is 

consistent with, the line-of-sight requirements 

in the 1991 Standards. The Department has 

always interpreted the line-of-sight requirements in the 1991 Standards to require 

viewing angles provided to patrons who use 

wheelchairs to be comparable to those afforded to other spectators. Section 35.151(g)(4) 

merely represents the application of these 

requirements to stadium-style movie theaters.

 One commenter from a trade association 

sought clarification whether Sec. 35.151(g)(4) 

applies to stadium-style theaters with more 

than 300 seats, and argued that it should not 

since dispersion requirements apply in those 

theaters. The Department declines to limit 

this rule to stadium-style theaters with 300 or 

fewer seats; stadium-style theaters of all sizes must comply with this rule. So, for example, stadium-style theaters that must vertically 

disperse wheelchair and companion seats 

must do so within the parameters of this rule.

 The NPRM included a provision that 

required assembly areas with more than 

5,000 seats to provide at least five wheelchair spaces with at least three companion seats for each of those five wheelchair 

spaces. The Department agrees with commenters who asserted that group seating is 

better addressed through ticketing policies 

rather than design and has deleted that provision from this section of the final rule.

Section 35.151(h) 

Medical care facilities

 In the 1991 title II regulation, there was 

no provision addressing the dispersion of 

accessible sleeping rooms in medical care 

facilities. The Department is aware, however, 

of problems that individuals with disabilities 

face in receiving full and equal medical care 

when accessible sleeping rooms are not adequately dispersed. When accessible rooms 

are not fully dispersed, a person with a disability is often placed in an accessible room 

in an area that is not medically appropriate 

for his or her condition, and is thus denied 

quick access to staff with expertise in that 

medical specialty and specialized equipment. 

While the Access Board did not establish 

specific design requirements for dispersion 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 27
in the 2004 ADAAG, in response to extensive comments in support of dispersion it 

added an advisory note, Advisory 223.1 

General, encouraging dispersion of accessible rooms within the facility so that accessible rooms are more likely to be proximate 

to appropriate qualified staff and resources. 

 In the NPRM, the Department sought additional comment on the issue, asking whether 

it should require medical care facilities, 

such as hospitals, to disperse their accessible sleeping rooms, and if so, by what 

method (by specialty area, floor, or other 

criteria). All of the comments the Department 

received on this issue supported dispersing accessible sleeping rooms proportionally 

by specialty area. These comments, from 

individuals, organizations, and a building 

code association, argued that it would not 

be difficult for hospitals to disperse rooms 

by specialty area, given the high level of 

regulation to which hospitals are subject 

and the planning that hospitals do based 

on utilization trends. Further, commenters 

suggested that without a requirement, it is 

unlikely that hospitals would disperse the 

rooms. In addition, concentrating accessible rooms in one area perpetuates segregation of individuals with disabilities, 

which is counter to the purpose of the ADA.

 The Department has decided to require 

medical care facilities to disperse their accessible sleeping rooms in a manner that is 

proportionate by type of medical specialty. 

This does not require exact mathematical proportionality, which at times would be 

impossible. However, it does require that 

medical care facilities disperse their accessible rooms by medical specialty so that 

persons with disabilities can, to the extent 

practical, stay in an accessible room within 

the wing or ward that is appropriate for their 

medical needs. The language used in this 

rule (“in a manner that is proportionate by 

type of medical specialty’’) is more specific 

than that used in the NPRM (“in a manner 

that enables patients with disabilities to have 

access to appropriate specialty services’’) 

and adopts the concept of proportionality 

proposed by the commenters. Accessible 

rooms should be dispersed throughout all 

medical specialties, such as obstetrics, 

orthopedics, pediatrics, and cardiac care.

Section 35.151(i) Curb ramps

 Section 35.151(e) on curb ramps in the 

1991 rule has been redesignated as 

Sec. 35.151(i). In the NPRM, the Department 

proposed making a minor editorial change 

to this section, deleting the phrase “other 

sloped areas’’ from the two places in which 

it appears in the 1991 title II regulation. In 

the NPRM, the Department stated that the 

phrase “other sloped areas’’ lacks technical 

precision. The Department received no significant public comments on this proposal. 

Upon further consideration, however, the 

Department has concluded that the regulation should acknowledge that there are times 

28 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
when there are transitions from sidewalk to 

road surface that do not technically qualify 

as “curb ramps’’ (sloped surfaces that have 

a running slope that exceed 5 percent). 

Therefore, the Department has decided not 

to delete the phrase “other sloped areas.’’

Section 35.151(j) 

Residential housing for sale to 

individual owners

 Although public entities that operate residential housing programs are subject to title 

II of the ADA, and therefore must provide 

accessible residential housing, the 1991 

Standards did not contain scoping or technical standards that specifically applied to 

residential housing units. As a result, under 

the Department’s title II regulation, these 

agencies had the choice of complying with 

UFAS, which contains specific scoping and 

technical standards for residential housing units, or applying the ADAAG transient 

lodging standards to their housing. Neither 

UFAS nor the 1991 Standards distinguish 

between residential housing provided for 

rent and those provided for sale to individual 

owners. Thus, under the 1991 title II regulation, public entities that construct residential 

housing units to be sold to individual owners 

must ensure that some of those units are 

accessible. This requirement is in addition 

to any accessibility requirements imposed 

on housing programs operated by public 

entities that receive Federal financial assistance from Federal agencies such as HUD.

 The 2010 Standards contain scoping and 

technical standards for residential dwelling units. However, section 233.3.2 of the 

2010 Standards specifically defers to the 

Department and to HUD, the standard-setting 

agency under the ABA, to decide the appropriate scoping for those residential dwelling 

units built by or on behalf of public entities 

with the intent that the finished units will be 

sold to individual owners. These programs 

include, for example, HUD’s public housing 

and HOME programs as well as State-funded 

programs to construct units for sale to individuals. In the NPRM, the Department did 

not make a specific proposal for this scoping. Instead, the Department stated that after 

consultation and coordination with HUD, 

the Department would make a determination in the final rule. The Department also 

sought public comment on this issue stating that “[t]he Department would welcome 

recommendations from individuals with 

disabilities, public housing authorities, and 

other interested parties that have experience with these programs. Please comment 

on the appropriate scoping for residential 

dwelling units built by or on behalf of public entities with the intent that the finished 

units will be sold to individual owners.’’ 

73 FR 34466, 34492 (June 17, 2008).

 All of the public comments received by 

the Department in response to this question 

were supportive of the Department’s ensuring 

that the residential standards apply to housing built on behalf of public entities with the 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 29
intent that the finished units would be sold to 

individual owners. The vast majority of commenters recommended that the Department 

require that projects consisting of five or more 

units, whether or not the units are located 

on one or multiple locations, comply with 

the 2004 ADAAG requirements for scoping 

of residential units, which require that 5 percent, and no fewer than one, of the dwelling 

units provide mobility features, and that 2 

percent, and no fewer than one, of the dwelling units provide communication features. 

See 2004 ADAAG Section 233.3. These 

commenters argued that the Department 

should not defer to HUD because HUD has 

not yet adopted the 2004 ADAAG and there 

is ambiguity on the scope of coverage of 

pre-built for sale units under HUD’s current 

section 504 regulations. In addition, these 

commenters expressed concern that HUD’s 

current regulation, 24 CFR 8.29, presumes 

that a prospective buyer is identified before 

design and construction begins so that disability features can be incorporated prior 

to construction. These commenters stated 

that State and Federally funded homeownership programs typically do not identify 

prospective buyers before construction has 

commenced. One commenter stated that, 

in its experience, when public entities build 

accessible for-sale units, they often sell 

these units through a lottery system that 

does not make any effort to match persons 

who need the accessible features with the 

units that have those features. Thus, accessible units are often sold to persons without 

disabilities. This commenter encouraged the 

Department to make sure that accessible 

for-sale units built or funded by public entities are placed in a separate lottery restricted 

to income-eligible persons with disabilities.

 Two commenters recommended that the 

Department develop rules for four types 

of for-sale projects: single family pre-built 

(where buyer selects the unit after construction), single family post-built (where the buyer 

chooses the model prior to its construction), 

multi-family pre-built, and multi-family postbuilt. These commenters recommended that 

the Department require pre-built units to 

comply with the 2004 ADAAG 233.1 scoping 

requirements. For post-built units, the commenters recommended that the Department 

require all models to have an alternate 

design with mobility features and an alternate design with communications features 

in compliance with 2004 ADAAG. Accessible 

models should be available at no extra cost 

to the buyer. One commenter recommended 

that, in addition to required fully accessible 

units, all ground floor units should be readily convertible for accessibility or for sensory 

impairments technology enhancements.

 The Department believes that consistent 

with existing requirements under title II, housing programs operated by public entities 

that design and construct or alter residential 

units for sale to individual owners should 

comply with the 2010 Standards, including 

the requirements for residential facilities in 

30 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
sections 233 and 809. These requirements 

will ensure that a minimum of 5 percent of 

the units, but no fewer than one unit, of the 

total number of residential dwelling units will 

be designed and constructed to be accessible for persons with mobility disabilities. At 

least 2 percent, but no fewer than one unit, 

of the total number of residential dwelling 

units shall provide communication features.

 The Department recognizes that there 

are some programs (such as the one 

identified by the commenter), in which 

units are not designed and constructed 

until an individual buyer is identified. In 

such cases, the public entity is still obligated 

to comply with the 2010 Standards. In addition, the public entity must ensure that preidentified buyers with mobility disabilities and 

visual and hearing disabilities are afforded 

the opportunity to buy the accessible units. 

Once the program has identified buyers who 

need the number of accessible units mandated by the 2010 Standards, it may have 

to make reasonable modifications to its policies, practices, and procedures in order to 

provide accessible units to other buyers 

with disabilities who request such units.

 The Department notes that the residential facilities standards allow for construction 

of units with certain features of adaptability. Public entities that are concerned that 

fully accessible units are less marketable 

may choose to build these units to include 

the allowable adaptable features, and then 

adapt them at their own expense for buyers 

with mobility disabilities who need accessible units. For example, features such 

as grab bars are not required but may be 

added by the public entity if needed by the 

buyer at the time of purchase and cabinets under sinks may be designed to be 

removable to allow access to the required 

knee space for a forward approach.

 The Department agrees with the commenters that covered entities may have to 

make reasonable modifications to their policies, practices, and procedures in order to 

ensure that when they offer pre-built accessible residential units for sale, the units are 

offered in a manner that gives access to 

those units to persons with disabilities who 

need the features of the units and who are 

otherwise eligible for the housing program. 

This may be accomplished, for example, by 

adopting preferences for accessible units 

for persons who need the features of the 

units, holding separate lotteries for accessible units, or other suitable methods hat 

result in the sale of accessible units to persons who need the features of such units. 

In addition, the Department believes that 

units designed and constructed or altered 

that comply with the requirements for residential facilities and are offered for sale to 

individuals must be provided at the same 

price as units without such features.

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 31
Section 35.151(k) 

Detention and correctional facilities

 The 1991 Standards did not contain specific accessibility standards applicable to 

cells in correctional facilities. However, correctional and detention facilities operated by 

or on behalf of public entities have always 

been subject to the nondiscrimination and 

program accessibility requirements of title 

II of the ADA. The 2004 ADAAG established specific requirements for the design 

and construction and alterations of cells 

in correctional facilities for the first time.

 Based on complaints received by the 

Department, investigations, and compliance 

reviews of jails, prisons, and other detention 

and correctional facilities, the Department 

has determined that many detention and correctional facilities do not have enough accessible cells, toilets, and shower facilities to 

meet the needs of their inmates with mobility 

disabilities and some do not have any at all. 

Inmates are sometimes housed in medical 

units or infirmaries separate from the general population simply because there are no 

accessible cells. In addition, some inmates 

have alleged that they are housed at a more 

restrictive classification level simply because 

no accessible housing exists at the appropriate classification level. The Department’s 

compliance reviews and investigations have 

substantiated certain of these allegations.

 The Department believes that the insufficient number of accessible cells is, in part, 

due to the fact that most jails and prisons 

were built long before the ADA became law 

and, since then, have undergone few alterations that would trigger the obligation to provide accessible features in accordance with 

UFAS or the 1991 Standards. In addition, 

the Department has found that even some 

new correctional facilities lack accessible 

features. The Department believes that the 

unmet demand for accessible cells is also 

due to the changing demographics of the 

inmate population. With thousands of prisoners serving life sentences without eligibility for 

parole, prisoners are aging, and the prison 

population of individuals with disabilities and 

elderly individuals is growing. A Bureau of 

Justice Statistics study of State and Federal 

sentenced inmates (those sentenced to more 

than one year) shows the total estimated 

count of State and Federal prisoners aged 

55 and older grew by 36,000 inmates from 

2000 (44,200) to 2006 (80,200). William 

J. Sabol et al., Prisoners in 2006, Bureau 

of Justice Statistics Bulletin, Dec. 2007, at 

23 (app. table 7), available at http://bjs.ojp.

usdoj.gov/index.cfm?ty=pbdetail&iid=908 

(last visited July 16, 2008); Allen J. Beck 

et al., Prisoners in 2000, Bureau of Justice 

Statistics Bulletin, Aug. 2001, at 10 (Aug. 

2001) (Table 14), available at bjs.ojp.usdoj.

gov/index.cfm?ty=pbdetail&iid=927 (last 

visited July 16, 2008). This jump constitutes an increase of 81 percent in prisoners aged 55 and older during this period.

32 - Guidance on 2010 Standards: Title II 

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 In the NPRM, the Department proposed a 

new section, Sec. 35.152, which combined a 

range of provisions relating to both program 

accessibility and application of the proposed 

standards to detention and correctional 

facilities. In the final rule, the Department is 

placing those provisions that refer to design, 

construction, and alteration of detention and 

correction facilities in a new paragraph (k) 

of Sec. 35.151, the section of the rule that 

addresses new construction and alterations 

for covered entities. Those portions of the 

final rule that address other issues, such 

as placement policies and program accessibility, are placed in the new Sec. 35.152.

 In the NPRM, the Department also 

sought input on how best to meet the 

needs of inmates with mobility disabilities 

in the design, construction, and alteration of detention and correctional facilities. The Department received a number of 

comments in response to this question.

New Construction. The NPRM did not 

expressly propose that new construction 

of correctional and detention facilities 

shall comply with the proposed standards 

because the Department assumed it would 

be clear that the requirements of Sec. 

35.151 would apply to new construction 

of correctional and detention facilities in 

the same manner that they apply to other 

facilities constructed by covered entities. The 

Department has decided to create a new 

section, Sec. 35.151(k)(1), which clarifies 

that new construction of jails, prisons, and 

other detention facilities shall comply with 

the requirements of 2010 Standards. Section 

35.151(k)(1) also increases the scoping for 

accessible cells from the 2 percent specified 

in the 2004 ADAAG to 3 percent.

Alterations. Although the 2010 Standards 

contain specifications for alterations in 

existing detention and correctional facilities, 

section 232.2 defers to the Attorney 

General the decision as to the extent these 

requirements will apply to alterations of cells. 

The NPRM proposed at Sec. 35.152(c) 

that “[a]lterations to jails, prisons, and 

other detention and correctional facilities 

will comply with the requirements of Sec. 

35.151(b).’’ 73 FR 34466, 34507 (June 17, 

2008). The final rule retains that requirement 

at Sec. 35.151(k)(2), but increases the 

scoping for accessible cells from the 2 

percent specified in the 2004 ADAAG to 3 

percent.

Substitute cells. In the ANPRM, the 

Department sought public comment about the 

most effective means to ensure that existing 

correctional facilities are made accessible to 

prisoners with disabilities and presented three 

options: (1) Require all altered elements to be 

accessible, which would maintain the current 

policy that applies to other ADA alteration 

requirements; (2) permit substitute cells to 

be made accessible within the same facility, 

which would permit correctional authorities 

to meet their obligation by providing the 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 33
required accessible features in cells within 

the same facility, other than those specific 

cells in which alterations are planned; or (3) 

permit substitute cells to be made accessible 

within a prison system, which would focus on 

ensuring that prisoners with disabilities are 

housed in facilities that best meet their needs, 

as alterations within a prison environment 

often result in piecemeal accessibility.

 In Sec. 35.152(c) of the NPRM, the 

Department proposed language based 

on Option 2, providing that when cells are 

altered, a covered entity may satisfy its obligation to provide the required number of 

cells with mobility features by providing the 

required mobility features in substitute cells 

(i.e., cells other than those where alterations are originally planned), provided that 

each substitute cell is located within the 

same facility, is integrated with other cells 

to the maximum extent feasible, and has, 

at a minimum, physical access equal to 

that of the original cells to areas used by 

inmates or detainees for visitation, dining, 

recreation, educational programs, medical 

services, work programs, religious services, 

and participation in other programs that 

the facility offers to inmates or detainees.

 The Department received few comments 

on this proposal. The majority who chose 

to comment supported an approach that 

allowed substitute cells to be made accessible within the same facility. In their view, 

such an approach balanced administrators’ 

needs, cost considerations, and the needs of 

inmates with disabilities. One commenter noted, however, that with older facilities, required 

modifications may be inordinately costly and 

technically infeasible. A large county jail system supported the proposed approach as 

the most viable option allowing modification 

or alteration of existing cells based on need 

and providing a flexible approach to provide 

program and mobility accessibility. It noted, 

as an alternative, that permitting substitute 

cells to be made accessible within a prison 

system would also be a viable option since 

such an approach could create a centralized 

location for accessibility needs and, because 

that jail system’s facilities were in close proximity, it would have little impact on families 

for visitation or on accessible programming.

 A large State department of corrections 

objected to the Department’s proposal. The 

commenter stated that some very old prison 

buildings have thick walls of concrete and 

reinforced steel that are difficult, if not impossible to retrofit, and to do so would be very 

expensive. This State system approaches 

accessibility by looking at its system as a 

whole and providing access to programs for 

inmates with disabilities at selected prisons. 

This commenter explained that not all of 

its facilities offer the same programs or the 

same levels of medical or mental health services. An inmate, for example, who needs 

education, substance abuse treatment, and 

sex offender counseling may be transferred 

between facilities in order to meet his needs. 

34 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
The inmate population is always in flux and 

there are not always beds or program availability for every inmate at his security level. 

This commenter stated that the Department’s 

proposed language would put the State in the 

position of choosing between adding accessible cells and modifying paths of travel to 

programs and services at great expense or 

not altering old facilities, causing them to 

become in states of disrepair and obsolescent, which would be fiscally irresponsible.

 The Department is persuaded by these 

comments and has modified the alterations requirement in Sec. 35.151(k)(2)(iv) 

in the final rule to allow that if it is technically infeasible to provide substitute cells 

in the same facility, cells can be provided 

elsewhere within the corrections system.

Number of accessible cells. Section 232.2.1 

of the 2004 ADAAG requires at least 2 

percent, but no fewer than one, of the cells in 

newly constructed detention and correctional 

facilities to have accessibility features for 

individuals with mobility disabilities. Section 

232.3 provides that, where special holding 

cells or special housing cells are provided, 

at least one cell serving each purpose shall 

have mobility features. The Department 

sought input on whether these 2004 ADAAG 

requirements are sufficient to meet the 

needs of inmates with mobility disabilities. 

A major association representing county 

jails throughout the country stated that the 

2004 ADAAG 2 percent requirement for 

accessible cells is sufficient to meet the 

needs of county jails. Similarly, a large 

county sheriff’s department advised that the 

2 percent requirement far exceeds the need 

at its detention facility, where the average 

age of the population is 32. This commenter 

stressed that the regulations need to address 

the differences between a local detention 

facility with low average lengths of stay as 

opposed to a State prison housing inmates 

for lengthy periods. This commenter asserted 

that more stringent requirements will raise 

construction costs by requiring modifications 

that are not needed. If more stringent 

requirements are adopted, the commenter 

suggested that they apply only to State 

and Federal prisons that house prisoners 

sentenced to long terms. The Department 

notes that a prisoner with a mobility disability 

needs a cell with mobility features regardless 

of the length of incarceration. However, the 

length of incarceration is most relevant in 

addressing the needs of an aging population.

 

The overwhelming majority of commenters 

responded that the 2 percent ADAAG requirement is inadequate to meet the needs of the 

incarcerated. Many commenters suggested 

that the requirement be expanded to apply 

to each area, type, use, and class of cells in 

a facility. They asserted that if a facility has 

separate areas for specific programs, such 

as a dog training program or a substance 

abuse unit, each of these areas should 

also have 2 percent accessible cells but not 

less than one. These same commenters 

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 35
suggested that 5-7 percent of cells should 

be accessible to meet the needs of both 

an aging population and the larger number 

of inmates with mobility disabilities. One 

organization recommended that the requirement be increased to 5 percent overall, and 

that at least 2 percent of each type and use 

of cell be accessible. Another commenter 

recommended that 10 percent of cells be 

accessible. An organization with extensive 

corrections experience noted that the integration mandate requires a sufficient number 

and distribution of accessible cells so as to 

provide distribution of locations relevant to 

programs to ensure that persons with disabilities have access to the programs.

 Through its investigations and compliance reviews, the Department has found 

that in most detention and correctional 

facilities, a 2 percent accessible cell requirement is inadequate to meet the needs of 

the inmate population with disabilities. That 

finding is supported by the majority of the 

commenters that recommended a 5-7 percent requirement. Indeed, the Department 

itself requires more than 2 percent of the 

cells to be accessible at its own corrections 

facilities. The Federal Bureau of Prisons 

is subject to the requirements of the 2004 

ADAAG through the General Services 

Administration’s adoption of the 2004 ADAAG 

as the enforceable accessibility standard 

for Federal facilities under the Architectural 

Barriers Act of 1968. 70 FR 67786, 67846-

47 (Nov. 8, 2005). However, in order to meet 

the needs of inmates with mobility disabilities, the Bureau of Prisons has elected to 

increase that percentage and require that 

3 percent of inmate housing at its facilities 

be accessible. Bureau of Prisons, Design 

Construction Branch, Design Guidelines, 

Attachment A: Accessibility Guidelines for 

Design, Construction, and Alteration of 

Federal Bureau of Prisons (Oct. 31, 2006).

 The Department believes that a 3 percent accessible requirement is reasonable. Moreover, it does not believe it should 

impose a higher percentage on detention and 

corrections facilities than it utilizes for its own 

facilities. Thus, the Department has adopted 

a 3 percent requirement in Sec. 35.151(k) 

for both new construction and alterations. 

The Department notes that the 3 percent 

requirement is a minimum. As corrections 

systems plan for new facilities or alterations, 

the Department urges planners to include 

numbers of inmates with disabilities in their 

population projections in order to take the 

necessary steps to provide a sufficient number of accessible cells to meet inmate needs.

Dispersion of Cells. The NPRM did not 

contain express language addressing 

dispersion of cells in a facility. However, 

Advisory 232.2 of the 2004 ADAAG 

recommends that “[a]ccessible cells or 

rooms should be dispersed among different 

levels of security, housing categories, and 

holding classifications (e.g., male/female 

and adult/juvenile) to facilitate access.’’ In 

explaining the basis for recommending, 

36 - Guidance on 2010 Standards: Title II 

Section 35.151 -- Title II Regulation

Department of Justice
but not requiring, this type of dispersal, the 

Access Board stated that “[m]any detention 

and correctional facilities are designed so 

that certain areas (e.g., `shift’ areas) can be 

adapted to serve as different types of housing 

according to need’’ and that “[p]lacement 

of accessible cells or rooms in shift areas 

may allow additional flexibility in meeting 

requirements for dispersion of accessible 

cells or rooms.’’

 The Department notes that inmates are 

typically housed in separate areas of detention and correctional facilities based on a 

number of factors, including their classification level. In many instances, detention and 

correctional facilities have housed inmates 

in inaccessible cells, even though accessible cells were available elsewhere in the 

facility, because there were no cells in the 

areas where they needed to be housed, such 

as in administrative or disciplinary segregation, the women’s section of the facility, or 

in a particular security classification area.

 The Department received a number of 

comments stating that dispersal of accessible cells together with an adequate number 

of accessible cells is necessary to prevent 

inmates with disabilities from placement in 

improper security classification and to ensure 

integration. Commenters recommended 

modification of the scoping requirements 

to require a percentage of accessible cells 

in each program, classification, use or service area. The Department is persuaded by 

these comments. Accordingly, Sec. 35.151(k)

(1) and (k)(2) of the final rule require accessible cells in each classification area.

Medical facilities. The NPRM also did not 

propose language addressing the application 

of the 2004 ADAAG to medical and long-term 

care facilities in correctional and detention 

facilities. The provisions of the 2004 ADAAG 

contain requirements for licensed medical 

and long-term care facilities, but not those 

that are unlicensed. A disability advocacy 

group and a number of other commenters 

recommended that the Department expand 

the application of section 232.4 to apply to all 

such facilities in detention and correctional 

facilities, regardless of licensure. They 

recommended that whenever a correctional 

facility has a program that is addressed 

specifically in the 2004 ADAAG, such as 

a long-term care facility, the 2004 ADAAG 

scoping and design features should apply 

for those elements. Similarly, a building 

code organization noted that its percentage 

requirements for accessible units is based on 

what occurs in the space, not on the building 

type.

 The Department is persuaded by these 

comments and has added Sec. 35.151(k)

(3), which states that “[w]ith respect to 

medical and long-term care facilities in jails, 

prisons, and other detention and correctional facilities, public entities shall apply 

the 2010 Standards technical and scoping 

requirements for those facilities irrespective 

of whether those facilities are licensed.’’

Section 35.151 -- Title II Regulation 

Department of Justice Guidance on 2010 Standards: Title II - 37
38
39

3 Public Accommodations 

and Commercial Facilities 
40 - Guidance on 2010 Standards: Title III Department of Justice
Public Accommodations 

and Commerical Facilities: 

Guidance on the Revisions to 

28 CFR part 36, Subpart D

altering its facility, there should be a legal 

requirement that individuals with disabilities are entitled to increased accessibility provided by the 2004 ADAAG for path 

of travel work. These commenters also 

stated that they did not believe there was 

a statutory basis for “grandfathering’’ facilities that comply with the 1991 Standards. 

Another commenter argued that the 

updates incorporated into the 2004 ADAAG 

provide very substantial improvements for 

access, and that since there already is a 20 

percent cost limit on the amount that can 

be expended on path of travel alterations, 

there is no need for a further limitation.

 Some commenters supported the safe 

harbor as lessening the economic costs of 

implementing the 2004 ADAAG for existing 

facilities. One commenter also stated that 

without the safe harbor, entities that already 

have complied with the 1991 Standards will 

have to make and pay for compliance twice, 

as compared to those entities that made no 

effort to comply in the first place. Another 

commenter asked that the safe harbor be 

revised to include pre-ADA facilities that 

have been made compliant with the 1991 

Standards to the extent “readily achievable’’ or, in the case of alterations, “ to the 

maximum extent feasible,’’ but that are not 

in full compliance with the 1991 Standards.

 The final rule retains the safe harbor 

for required elements of a path of travel to 

altered primary function areas for private 

entities that already have complied with 

 Subpart D establishes the title III requirements applicable to new construction and 

alterations. The Department has amended 

this subpart to adopt the 2004 ADAAG, 

set forth the effective dates for implementation of the 2010 Standards, and make 

related revisions as described below.

Section 36.403 Alterations: 

Path of Travel

 In the NPRM, the Department proposed 

one change to Sec. 36.403 on alterations 

and path of travel by adding a path of travel 

safe harbor. Proposed Sec. 36.403(a)

(1) stated that if a private entity has 

constructed or altered required elements 

of a path of travel in accordance with the 

1991 Standards, the private entity is not 

required to retrofit such elements to reflect 

incremental changes in the 2010 Standards 

solely because of an alteration to a primary 

function area served by that path of travel.

 A substantial number of commenters 

objected to the Department’s creation of 

a safe harbor for alterations to required 

elements of a path of travel that comply 

with the current 1991 Standards. These 

commenters argued that if a public accommodation already is in the process of 

Guidance on 2010 Standards: Title III - 41

Subpart D - Title III Regulation

Department of Justice 
the 1991 Standards with respect to those 

required elements. As discussed with 

respect to Sec. 36.304, the Department 

believes that this safe harbor strikes an 

appropriate balance between ensuring that 

individuals with disabilities are provided 

access to buildings and facilities and 

mitigating potential financial burdens on 

existing places of public accommodation 

that are undertaking alterations subject to 

the 2010 Standards. This safe harbor is 

not a blanket exemption for facilities. If a 

private entity undertakes an alteration to 

a primary function area, only the required 

elements of a path of travel to that area that 

already comply with the 1991 Standards 

are subject to the safe harbor. If a private 

entity undertakes an alteration to a primary 

function area and the requiredelements of 

a path of travel to the altered area do not 

comply with the 1991 Standards, then the 

private entity must bring those elements 

into compliance with the 2010 Standards.

Section 36.405 Alterations: 

Historic Preservation

 In the 1991 rule, the Department provided 

guidance on making alterations to buildings 

or facilities that are eligible for listing in the 

National Register of Historic Places under 

the National Historic Preservation Act or 

that are designated as historic under State 

or local law. That provision referenced the 

1991 Standards. Because those cross-references to the 1991 Standards are no longer 

applicable, it is necessary in this final rule 

to provide new regulatory text. No substantive change in the Department’s approach 

in this area is intended by this revision.

Section 36.406 Standards for 

New Construction and Alterations

 Applicable standards. Section 306 of the 

ADA, 42 U.S.C. 12186, directs the Attorney 

General to issue regulations to implement 

title III that are consistent with the guidelines published by the Access Board. As 

described in greater detail elsewhere in 

this Appendix, the Department is a statutory member of the Access Board and was 

involved significantly in the development 

of the 2004 ADAAG. Nonetheless, the 

Department has reviewed the standards 

and has determined that additional regulatory provisions are necessary to clarify 

how the Department will apply the 2010 

Standards to places of lodging, social 

service center establishments, housing at 

a place of education, assembly areas, and 

medical care facilities. Those provisions 

are contained in Sec. 36.406(c)-(g). Each 

of these provisions is discussed below.

 Section 36.406(a) adopts the 2004 

ADAAG as part of the 2010 Standards and 

establishes the compliance date and triggering events for the application of those 

standards to both new construction and 

alterations. Appendix B of this final rule 

(Analysis and Commentary on the 2010 

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ADA Standards for Accessible Design) 

provides a description of the major changes 

in the 2010 Standards (as compared to 

the 1991 ADAAG) and a discussion of 

the public comments that the Department 

received on specific sections of the 2004 

ADAAG. A number of commenters asked 

the Department to revise certain provisions in the 2004 ADAAG in a manner that 

would reduce either the required scoping or 

specific technical accessibility requirements. 

As previously stated, the ADA requires the 

Department to adopt standards consistent 

with the guidelines adopted by the Access 

Board. The Department will not adopt any 

standards that provide less accessibility than is provided under the guidelines 

contained in the 2004 ADAAG because the 

guidelines adopted by the Access Board are 

“ minimum guidelines.’’ 42 U.S.C. 12186(c).

 In the NPRM, the Department specifically proposed amending Sec. 36.406(a) by 

dividing it into two sections. Proposed Sec. 

36.406(a)(1) specified that new construction and alterations subject to this part shall 

comply with the 1991 Standards if physical 

construction of the property commences 

less than six months after the effective 

date of the rule. Proposed Sec. 36.406(a)

(2) specified that new construction and 

alterations subject to this part shall comply 

with the proposed standards if physical 

construction of the property commences 

six months or more after the effective date 

of the rule. The Department also proposed 

deleting the advisory information now 

published in a table at Sec. 36.406(b).

Compliance date. When the ADA was 

enacted, the compliance dates for various 

provisions were delayed in order to provide 

time for covered entities to become familiar 

with their new obligations. Titles II and III 

of the ADA generally became effective on 

January 26, 1992, six months after the 

regulations were published. See 42 U.S.C. 

12131 note; 42 U.S.C. 12181 note. New 

construction under title II and alterations 

under either title II or title III had to comply 

with the design standards on that date. See 

42 U.S.C. 12131 note; 42 U.S.C. 12183(a)

(2). For new construction under title III, the 

requirements applied to facilities designed 

and constructed for first occupancy after 

January 26, 1993--18 months after the 

1991 Standards were published by the 

Department. See 42 U.S.C. 12183(a)(1).

 The Department received numerous 

comments on the issue of effective date, 

many of them similar to those received 

in response to the ANPRM. A substantial 

number of commenters advocated a minimum of 18 months from publication of the 

final rule to the effective date for application of the standards to new construction, 

consistent with the time period used for 

implementation of the 1991 Standards. 

Many of these commenters argued that the 

18-month period was necessary to minimize 

the likelihood of having to redesign projects 

already in the design and permitting stages 

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at the time that the final rule is published. 

According to these commenters, large 

projects take several years from design to 

occupancy, and can be subject to delays 

from obtaining zoning, site approval, thirdparty design approval (i.e., architectural 

review), and governmental permits. To 

the extent the new standards necessitate 

changes in any previous submissions or 

permits already issued, businesses might 

have to expend significant funds and incur 

delays due to redesign and resubmission.

 Some commenters also expressed 

concern that a six-month period would be 

hard to implement given that many renovations are planned around retail selling periods, holidays, and other seasonal concerns. 

For example, hotels plan renovations during 

their slow periods, retail establishments 

avoid renovations during the major holiday 

selling periods, and businesses in certain 

parts of the country cannot do any major 

construction during parts of the winter.

 Some commenters argued that 

chain establishments need additional 

time to redesign their “master facility’’ designs for replication at multiple 

locations, taking into account both the 

new standards and applicable State 

and local accessibility requirements.

 Other commenters argued for extending the effective date from six months 

to a minimum of 12 months for many of 

the same reasons, and one commenter 

argued that there should be a tolling of the 

effective date for those businesses that 

are in the midst of the permitting process 

if the necessary permits are delayed 

due to legal challenges or other circumstances outside the business’s control.

 Several commenters took issue with the 

Department’s characterization of the 2004 

ADAAG and the 1991 Standards as two 

similar rules. These commenters argued that 

many provisions in the 2004 ADAAG represent a “substantial and significant’’ departure 

from the 1991 Standards and that it will take 

a great deal of time and money to identify 

all the changes and implement them. In 

particular, they were concerned that small 

businesses lacked the internal resources 

to respond quickly to the new changes and 

that they would have to hire outside experts 

to assist them. One commenter expressed 

concern that regardless of familiarity with 

the 2004 ADAAG, since the 2004 ADAAG 

standards are organized in an entirely different manner from the 1991 Standards, and 

contain, in the commenter’s view, extensive 

changes, it will make the shift from the old 

to the new standards quite complicated.

 Several commenters also took issue with 

the Department’s proffered rationale that 

by adopting a six-month effective date, the 

Department was following the precedent of 

other Federal agencies that have adopted 

the 2004 ADAAG for facilities whose 

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accessibility they regulate. These commenters argued that the Department’s title III 

regulation applies to a much broader range 

and number of facilities and programs than 

the other Federal agencies (i.e., Department 

of Transportation and the General Services 

Administration) and that those agencies 

regulate accessibility primarily in either 

governmental facilities or facilities operated by quasi-governmental authorities.

 Several commenters representing the 

travel, vacation, and golf industries argued 

that the Department should adopt a twoyear effective date for new construction. 

In addition to many of the arguments 

made by commenters in support of an 

18-month effective date, these commenters also argued that a two-year time frame 

would allow States with DOJ-certified 

building codes to have the time to amend 

their codes to meet the 2004 ADAAG 

so that design professionals can work 

from compatible codes and standards.

 Several commenters recommended 

treating alterations differently than new 

construction, arguing for a one-year effective date for alterations. Another commenter 

representing building officials argued 

that a minimum of a six-month phasein for alterations was sufficient, since a 

very large percentage of alteration projects “are of a scale that they should be 

able to accommodate the phase-in.’’

 In contrast, many commenters argued 

that the proposed six-month effective 

date should be retained in the final rule.

 The Department has been persuaded by 

concerns raised by some of the commenters that the six month compliance date 

proposed in the NPRM for application of 

the 2010 Standards may be too short for 

certain projects that are already in the 

midst of the design and permitting process. 

The Department has determined that for 

new construction and alterations, compliance with the 2010 Standards will not be 

required until 18 months from the date 

the final rule is published. This is consistent with the amount of time given when 

the 1991 regulation was published. Since 

many State and local building codes contain 

provisions that are consistent with 2004 

ADAAG, the Department has decided that 

public accommodations that choose to 

comply with the 2010 Standards as defined 

in Sec. 36.104 before the compliance 

date will still be considered in compliance 

with the ADA. However, public accommodations that choose to comply with 

the 2010 Standards in lieu of the 1991 

Standards prior to the compliance date 

described in this rule must choose one 

or the other standard, and may not rely 

on some of the requirements contained 

in one standard and some of the requirements contained in the other standard.

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Triggering event. In the NPRM, the 

Department proposed using the start of 

physical construction as the triggering 

event for applying the proposed standards 

to new construction under title III. This 

triggering event parallels that for the 

alterations provisions (i.e., the date on 

which construction begins), and would apply 

clearly across all types of covered public 

accommodations. The Department also 

proposed that for prefabricated elements, 

such as modular buildings and amusement 

park rides and attractions, or installed 

equipment, such as ATMs, the start of 

construction means the date on which the 

site preparation begins. Site preparation 

includes providing an accessible route to the 

element.

 The Department’s NPRM sought public 

comment on how to define the start of 

construction and the practicality of applying commencement of construction as 

a triggering event. The Department also 

requested input on whether the proposed 

definition of the start of construction was 

sufficiently clear and inclusive of different 

types of facilities. The Department also 

sought input about facilities subject to title 

III for which commencement of construction would be ambiguous or problematic.

 The Department received numerous comments recommending that the 

Department adopt a two-pronged approach 

to defining the triggering event. In those 

cases where permits are required, the 

Department should use “date of permit 

application’’ as the effective date triggering event, and if no permit is required, the 

Department should use “start of construction.’’ A number of these commenters 

argued that the date of permit application 

is appropriate because the applicant would 

have to consider the applicable State and 

Federal accessibility standards in order to 

submit the designs usually required with the 

application. Moreover, the date of permit 

application is a typical triggering event in 

other code contexts, such as when jurisdictions introduce an updated building code. 

Some commenters expressed concern 

that using the date of “ start of construction’’ was problematic because the date 

can be affected by factors that are outside 

the control of the owner. For example, an 

owner can plan construction to start before 

the new standards take effect and therefore 

use the 1991 Standards in the design. If 

permits are not issued in a timely manner, 

then the construction could be delayed 

until after the effective date, and then the 

project would have to be redesigned. This 

problem would be avoided if the permit 

application date was the triggering event. 

Two commenters expressed concern that 

the term “start of construction’’ is ambiguous, because it is unclear whether start 

of construction means the razing of structures on the site to make way for a new 

facility or means site preparation, such 

as regrading or laying the foundation.

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 One commenter recommended using 

the “signing date of a construction 

contract,’’ and an additional commenter 

recommended that the new standards 

apply only to “buildings permitted after 

the effective date of the regulations.’’

 One commenter stated that for facilities 

that fall outside the building permit requirements (ATMs, prefabricated saunas, small 

sheds), the triggering event should be the 

date of installation, rather than the date 

the space for the facility is constructed.

 The Department is persuaded by 

the comments to adopt a two-pronged 

approach to defining the triggering event 

for new construction and alterations. The 

final rule states that in those cases where 

permits are required, the triggering event 

shall be the date when the last application 

for a building permit application or permit 

extension is certified to be complete by a 

State, county, or local government, or in 

those jurisdictions where the government 

does not certify completion of applications, the date when the last application 

for a building permit or permit extension 

is received by the State, county, or local 

government. If no permits are required, 

then the triggering event shall be the “start 

of physical construction or alterations.’’ 

The Department has also added clarifying 

language related to the term “start of physical construction or alterations’’ to make it 

clear that “start of physical construction or 

alterations’’ is not intended to mean the 

date of ceremonial groundbreaking or the 

date a structure is razed to make it possible 

for construction of a facility to take place.

Amusement rides. Section 234 of the 2010 

Standards provides accessibility guidelines 

for newly designed and constructed 

amusement rides. The amusement ride 

provisions do not provide a “triggering 

event’’ for new construction or alteration of 

an amusement ride. An industry commenter 

requested that the triggering event of “first 

use’’ as noted in the Advisory note to section 

234.1 of the 2004 ADAAG be included in the 

final rule. The Advisory note provides that 

“[a] custom designed and constructed ride is 

new upon its first use, which is the first time 

amusement park patrons take the ride.’’ The 

Department declines to treat amusement 

rides differently than other types of new 

construction and alterations and under the 

final rule, they are subject to Sec. 36.406(a)

(3). Thus, newly constructed and altered 

amusement rides shall comply with the 2010 

Standards if the start of physical construction 

or the alteration is on or after 18 months 

from the publication date of this rule. The 

Department also notes that section 234.4.2 

of the 2010 Standards only applies where the 

structural or operational characteristics of an 

amusement ride are altered. It does not apply 

in cases where the only change to a ride is 

the theme.

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 Noncomplying new construction and 

alterations. The element-by-element safe 

harbor referenced in Sec. 36.304(d)(2) has 

no effect on new or altered elements in 

existing facilities that were subject to the 

1991 Standards on the date that they were 

constructed or altered, but do not comply 

with the technical and scoping specifications 

for those elements in the 1991 Standards. 

Section 36.406(a)(5) of the final rule 

sets forth the rules for noncompliant new 

construction or alterations in facilities that 

were subject to the requirements of this part. 

Under those provisions, noncomplying new 

construction and alterations constructed or 

altered after the effective date of the applicable ADA requirements and before March 

15, 2012 shall, before March 15, 2012, be 

made accessible in accordance with either 

the 1991 Standards or the 2010 Standards. 

Noncomplying new construction and alterations constructed or altered after the effective date of the applicable ADA requirements 

and before March 15, 2012, shall, on or 

after March 15, 2012, be made accessible 

in accordance with the 2010 Standards.

Section 36.406(b) Application 

of Standards to Fixed Elements

 The final rule contains a new Sec. 

36.406(b) that clarifies that the requirements established by this section, including those contained in the 2004 ADAAG, 

prescribe the requirements necessary to 

ensure that fixed or built-in elements in new 

or altered facilities are accessible to individuals with disabilities. Once the construction or alteration of a facility has been 

completed, all other aspects of programs, 

services, and activities conducted in that 

facility are subject to the operational requirements established elsewhere in this final 

rule. Although the Department has often 

chosen to use the requirements of the 

1991 Standards as a guide to determining when and how to make equipment 

and furnishings accessible, those coverage determinations fall within the discretionary authority of the Department.

 The Department is also clarifying that 

the advisory notes, appendix notes, and 

figures that accompany the 1991 and 

2010 Standards do not establish separately enforceable requirements unless 

otherwise specified in the text of the standards. This clarification has been made to 

address concerns expressed by ANPRM 

commenters who mistakenly believed that 

the advisory notes in the 2004 ADAAG 

established requirements beyond those 

established in the text of the guidelines 

(e.g., Advisory 504.4 suggests, but does 

not require, that covered entities provide 

visual contrast on stair tread nosings to 

make them more visible to individuals with 

low vision). The Department received no 

comments on this provision in the NPRM.

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Section 36.406(c) Places of Lodging

 In the NPRM, the Department proposed 

a new definition for public accommodations 

that are “places of lodging’’ and a new Sec. 

36.406(c) to clarify the scope of coverage 

for places of public accommodation that 

meet this definition. For many years the 

Department has received inquiries from 

members of the public seeking clarification 

of ADA coverage of rental accommodations in timeshares, condominium hotels, 

and mixed-use and corporate hotel facilities 

that operate as places of public accommodation (as that term is now defined in 

Sec. 36.104). These facilities, which have 

attributes of both residential dwellings and 

transient lodging facilities, have become 

increasingly popular since the ADA’s enactment in 1990 and make up the majority of 

new hotel construction in some vacation 

destinations. The hybrid residential and 

lodging characteristics of these new types 

of facilities, as well as their ownership characteristics, complicate determinations of 

ADA coverage, prompting questions from 

both industry and individuals with disabilities. While the Department has interpreted 

the ADA to encompass these hotel-like 

facilities when they are used to provide 

transient lodging, the regulation previously 

has specifically not addressed them. In the 

NPRM, the Department proposed a new 

Sec. 36.406(c), entitled “Places of Lodging,’’ 

which was intended to clarify that places 

of lodging, including certain timeshares, 

condominium hotels, and mixed-use and 

corporate hotel facilities, shall comply with 

the provisions of the proposed standards, 

including, but not limited to, the requirements for transient lodging in sections 

224 and 806 of the 2004 ADAAG.

 The Department’s NPRM sought public 

input on this proposal. The Department 

received a substantial number of comments 

on these issues from industry representatives, advocates for persons with disabilities, 

and individuals. A significant focus of these 

comments was on how the Department 

should define and regulate vacation rental 

units in timeshares, vacation communities, and condo-hotels where the units are 

owned and controlled by individual owners 

and rented out some portion of time to the 

public, as compared to traditional hotels 

and motels that are owned, controlled, 

and rented to the public by one entity.

 Scoping and technical requirements 

applicable to “places of lodging.’’ In the 

NPRM, the Department asked for public 

comment on its proposal in Sec. 36.406(c) 

to apply to places of lodging the scoping 

and technical requirements for transient 

lodging, rather than the scoping and technical requirements for residential dwelling 

units.

 Commenters generally agreed that the 

transient lodging requirements should apply 

to places of lodging. Several commenters 

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stated that the determination as to which 

requirements apply should be made 

based on the intention for use at the time 

of design and construction. According to 

these commenters, if units are intended for 

transient rentals, then the transient lodging standards should apply, and if they 

are intended to be used for residential 

purposes, the residential standards should 

apply. Some commenters agreed with the 

application of transient lodging standards to 

places of lodging in general, but disagreed 

about the characterization of certain types 

of facilities as covered places of lodging.

 The Department agrees that the 

scoping and technical standards applicable to transient lodging should apply 

to facilities that contain units that meet 

the definition of “places of lodging.’’

 Scoping for timeshare or condominium 

hotels. In the NPRM, the Department 

sought comment on the appropriate basis 

for determining scoping for a timeshare or 

condominium-hotel. A number of commenters indicated that scoping should be based 

on the usage of the facility. Only those 

units used for short-term stays should be 

counted for application of the transient 

lodging standards, while units sold as 

residential properties should be treated 

as residential units not subject to the 

ADA. One commenter stated that scoping 

should be based on the maximum number 

of sleeping units available for public 

rental. Another commenter pointed out 

that unlike traditional hotels and motels, 

the number of units available for rental 

in a facility or development containing 

individually owned units is not fixed over 

time. Owners have the right to participate in a public rental program some, all, 

or none of the time, and individual owner 

participation changes from year to year.

 The Department believes that the determination for scoping should be based on 

the number of units in the project that are 

designed and constructed with the intention that their owners may participate in 

a transient lodging rental program. The 

Department cautions that it is not the 

number of owners that actually exercise 

their right to participate in the program 

that determines the scoping. Rather it 

is the units that could be placed into an 

on-site or off-site transient lodging rental 

program. In the final rule, the Department 

has added a provision to Sec. 36.406(c)

(3), which states that units intended to be 

used exclusively for residential purposes 

that are contained in facilities that also meet 

the definition of place of lodging are not 

covered by the transient lodging standards. 

Title III of the ADA does not apply to units 

designed and constructed with the intention 

that they be rented or sold as exclusively 

residential units. Such units are covered 

by the Fair Housing Act (FHAct), which 

contains requirements for certain features 

of accessible and adaptable design both 

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for units and for public and common use 

areas. All units designed and constructed 

with the intention that they may be used 

for both residential and transient lodging 

purposes are covered by the ADA and must 

be counted for determining the required 

number of units that must meet the transient 

lodging standards in the 2010 Standards. 

Public use and common use areas in facilities containing units subject to the ADA also 

must meet the 2010 Standards. In some 

developments, units that may serve as residential units some of the time and rental 

units some of the time will have to meet 

both the FHAct and the ADA requirements. 

For example, all of the units in a vacation condominium facility whose owners 

choose to rent to the public when they are 

not using the units themselves would be 

counted for the purposes of determining 

the appropriate number of units that must 

comply with the 2010 Standards. In a newly 

constructed condominium that has three 

floors with units dedicated to be sold solely 

as residential housing and three floors with 

units that may be used as residences or 

hotel units, only the units on the three latter 

floors would be counted for applying the 

2010 Standards. In a newly constructed 

timeshare development containing 100 

units, all of which may be made available 

to the public through an exchange or rental 

program, all 100 units would be counted for 

purposes of applying the 2010 Standards.

 One commenter also asked the 

Department for clarification of how to count 

individually owned “lock-off units.’’ Lock-off 

units are units that are multi-bedroom but 

can be “locked off’’ into two separate units, 

each having individual external access. This 

commenter requested that the Department 

state in the final rule that individually owned 

lock-off units do not constitute multiple guest 

rooms for purposes of calculating compliance with the scoping requirements for 

accessible units, since for the most part the 

lock-off units are used as part of a larger 

accessible unit, and portions of a unit not 

locked off would constitute both an accessible one-bedroom unit or an accessible 

two-bedroom unit with the lock-off unit.

 It is the Department’s view that lockoff units that are individually owned that 

can be temporarily converted into two 

units do not constitute two separate guest 

rooms for purposes of calculating compliance with the scoping requirements.

 One commenter asked the Department 

how developers should scope units where 

buildings are constructed in phases over a 

span of years, recommending that the scoping be based on the total number of units 

expected to be constructed at the project 

and not on a building-by-building basis or on 

a phase-by-phase basis. The Department 

does not think scoping should be based on 

planned number of units, which may or may 

not be actually constructed over a period 

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of years. However, the Department recognizes that resort developments may contain 

buildings and facilities that are of all sizes 

from single-unit cottages to facilities with 

hundreds of units. The Department believes 

it would be appropriate to allow designers, builders, and developers to aggregate 

the units in facilities with 50 or fewer units 

that are subject to a single permit application and that are on a common site or that 

are constructed at the same time for the 

purposes of applying the scoping requirements in table 224.2. Facilities with more 

than 50 units should be scoped individually 

in accordance with the table. The regulation has been revised to reflect this application of the scoping requirements.

 One commenter also asked the 

Department to use the title III regulation 

to declare that timeshares subject to the 

transient lodging standards are exempt 

from the design and construction requirements of the FHAct. The coverage of the 

FHAct is set by Congress and interpreted 

by regulations issued by the Department 

of Housing and Urban Development. The 

Department has no authority to exempt 

anyone from coverage of the FHAct.

 Application of ADA to places of lodging that contain individually owned units. 

The Department believes that regardless 

of ownership structure for individual units, 

rental programs (whether they are on- or 

off-site) that make transient lodging guest 

rooms available to the public must comply 

with the general nondiscrimination requirements of the ADA. In addition, as provided 

in Sec. 36.406(c), newly constructed facilities that contain accommodations intended 

to be used for transient lodging purposes 

must comply with the 2010 Standards.

 In the NPRM, the Department asked for 

public comment on several issues related to 

ensuring the availability of accessible units 

in a rental program operated by a place of 

lodging. The Department sought input on 

how it could address a situation in which 

a new or converted facility constructs the 

required number of accessible units, but the 

owners of those units choose not to participate in the rental program; whether the facility has an obligation to encourage or require 

owners of accessible units to participate in 

the rental program; and whether the facility 

developer, the condominium association, or 

the hotel operator has an obligation to retain 

ownership or control over a certain number 

of accessible units to avoid this problem.

 In the NPRM, the Department sought 

public input on how to regulate scoping for 

a timeshare or condominium-rental facility 

that decides, after the sale of units to individual owners, to begin a rental program 

that qualifies the facility as a place of lodging, and how the condominium association, operator, or developer should determine which units to make accessible.

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 A number of commenters expressed 

concerns about the ability of the Department 

to require owners of accessible units 

to participate in the rental program, to 

require developers, condo associations, or 

homeowners associations to retain ownership of accessible units, and to impose 

accessibility requirements on individual 

owners who choose to place inaccessible 

units into a rental program after purchase. 

These commenters stated that individuals 

who purchase accessible vacation units in 

condominiums, individual vacation homes, 

and timeshares have ownership rights in 

their units and may choose lawfully to make 

their units available to the public some, all, 

or none of the time. Commenters advised 

the Department that the Securities and 

Exchange Commission takes the position 

that if condominium units are offered in 

connection with participation in a required 

rental program for any part of the year, 

require the use of an exclusive rental agent, 

or impose conditions otherwise restricting 

the occupancy or rental of the unit, then 

that offering will be viewed as an offering 

of securities in the form of an investment 

(rather than a real estate offering). SEC 

Release No. 33-5347, Guidelines as to the 

Applicability of the Federal Securities Laws 

to Offers and Sales of Condominiums or 

Units in a Real Estate Development (Jan. 

4, 1973). Consequently, most condominium 

developers do not impose such restrictions at the time of sale. Moreover, owners 

who choose to rent their units as a shortterm vacation rental can select any rental 

or management company to lease and 

manage their unit, or they may rent them 

out on their own. They also may choose 

never to lease those units. Thus, there are 

no guarantees that at any particular time, 

accessible units will be available for rental 

by the public. According to this commenter, 

providing incentives for owners of accessible units to place their units in the rental 

program will not work, because it does 

not guarantee the availability of the requisite number of rooms dispersed across 

the development, and there is not any 

reasonable, identifiable source of funds 

to cover the costs of such incentives.

 A number of commenters also indicated 

that it potentially is discriminatory as well 

as economically infeasible to require that 

a developer hold back the accessible 

units so that the units can be maintained 

in the rental program year-round. One 

commenter pointed out that if a developer 

did not sell the accessible condominiums 

or timeshares in the building inventory, the 

developer would be subject to a potential 

ADA or FHAct complaint because persons 

with disabilities who wanted to buy accessible units rather than rent them each year 

would not have the option to purchase 

them. In addition, if a developer held 

back accessible units, the cost of those 

units would have to be spread across all 

the buyers of the inaccessible units, and 

in many cases would make the project 

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financially infeasible. This would be especially true for smaller projects. Finally, this 

commenter argued that requiring units to 

be part of the common elements that are 

owned by all of the individual unit owners 

is infeasible because the common ownership would result in pooled rental income, 

which would transform the owners into 

participants in a rental pool, and thus turn 

the sale of the condominiums into the sale 

of securities under SEC Release 33-5347.

 Several commenters noted that requiring the operator of the rental program to 

own the accessible units is not feasible 

either because the operator of the rental 

program would have to have the funds to 

invest in the purchase of all of the accessible units, and it would not have a means 

of recouping its investment. One commenter 

stated that in Texas, it is illegal for on-site 

rental programs to own condominium units. 

Another commenter noted that such a 

requirement might lead to the loss of on-site 

rental programs, leaving owners to use individual third-party brokers, or rent the units 

privately. One commenter acknowledged 

that individual owners cannot be required 

to place their units in a rental pool simply to 

offer an accessible unit to the public, since 

the owners may be purchasing units for their 

own use. However, this commenter recommended that owners who choose to place 

their units in a rental pool be required to 

contribute to a fund that would be used to 

renovate units that are placed in the rental 

pool to increase the availability of accessible 

units. One commenter argued that the legal 

entity running the place of lodging has an 

obligation to retain control over the required 

number of accessible units to ensure that 

they are available in accordance with title III.

 A number of commenters also argued 

that the Department has no legal authority to require individual owners to engage 

in barrier removal where an existing 

development adds a rental program. 

One commenter stated that Texas law 

prohibits the operator of on-site rental 

program from demanding that alterations 

be made to a particular unit. In addition, 

under Texas law, condominium declarations may not require some units and not 

others to make changes, because that 

would lead to unequal treatment of units 

and owners, which is not permissible.

 One commenter stated that since it 

was not possible for operators of rental 

programs offering privately owned condominiums to comply with accessible scoping, the Department should create exemptions from the accessible scoping, especially for existing facilities. In addition, this 

commenter stated that if an operator of 

an on-site rental program were to require 

renovations as a condition of participation in the rental program, unit owners 

might just rent their units through a different broker or on their own, in which case 

such requirements would not apply.

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 A number of commenters argued that 

if a development decides to create a 

rental program, it must provide accessible 

units. Otherwise the development would 

have to ensure that units are retrofitted. A 

commenter argued that if an existing building is being converted, the Department 

should require that if alterations of the units 

are performed by an owner or developer 

prior to sale of the units, then the alterations requirements should apply, in order 

to ensure that there are some accessible 

units in the rental pool. This commenter 

stated that because of the proliferation 

of these type of developments in Hawaii, 

mandatory alteration is the only way to 

guarantee the availability of accessible 

units in the long run. In this commenter’s 

view, since conversions almost always 

require makeover of existing buildings, 

this will not lead to a significant expense.

 The Department agrees with the 

commenters that it would not be feasible 

to require developers to hold back or 

purchase accessible units for the purposes 

of making them available to the public in 

a transient lodging rental program, nor 

would it be feasible to require individual 

owners of accessible units to participate 

in transient lodging rental programs.

 The Department recognizes that places 

of lodging are developed and financed 

under myriad ownership and management 

structures and agrees that there will be 

circumstances where there are legal barriers to requiring compliance with either the 

alterations requirements or the requirements 

related to barrier removal. The Department 

has added an exception to Sec. 36.406(c), 

providing that in existing facilities that 

meet the definition of places of lodging, 

where the guest rooms are not owned or 

substantially controlled by the entity that 

owns, leases, or operates the overall facility and the physical features of the guest 

room interiors are controlled by their individual owners, the units are not subject to 

the alterations requirement, even where 

the owner rents the unit out to the public 

through a transient lodging rental program. 

In addition, the Department has added an 

exception to the barrier removal requirements at Sec. 36.304(g) providing that in 

existing facilities that meet the definition of 

places of lodging, where the guest rooms 

are not owned or substantially controlled 

by the entity that owns, leases, or operates the overall facility and the physical 

features of the guest room interiors are 

controlled by their individual owners, the 

units are not subject to the barrier removal 

requirement. The Department notes, 

however, that there are legal relationships for some timeshares and cooperatives where the ownership interests do not 

convey control over the physical features 

of units. In those cases, it may be the case 

that the facility has an obligation to meet 

the alterations or barrier removal requirements or to maintain accessible features.

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Section 36.406(d) Social Service 

Center Establishments

 In the NPRM, the Department proposed a 

new Sec. 36.406(d) requiring group homes, 

halfway houses, shelters, or similar social 

service center establishments that provide 

temporary sleeping accommodations or 

residential dwelling units to comply with the 

provisions of the 2004 ADAAG that apply to 

residential facilities, including, but not limited 

to, the provisions in sections 233 and 809.

 The NPRM explained that this proposal 

was based on two important changes in the 

2004 ADAAG. First, for the first time, residential dwelling units are explicitly covered 

in the 2004 ADAAG in section 233. Second, 

the 2004 ADAAG eliminates the language 

contained in the 1991 Standards addressing scoping and technical requirements 

for homeless shelters, group homes, and 

similar social service center establishments. Currently, such establishments are 

covered in section 9.5 of the transient lodging section of the 1991 Standards. The 

deletion of section 9.5 creates an ambiguity of coverage that must be addressed.

 The NPRM explained the Department’s 

belief that transferring coverage of social 

service center establishments from the transient lodging standards to the residential 

facilities standards would alleviate conflicting 

requirements for social service providers. 

The Department believes that a substantial 

percentage of social service providers are 

recipients of Federal financial assistance 

from the Department of Housing and Urban 

Development (HUD). The Department of 

Health and Human Services (HHS) also 

provides financial assistance for the operation of shelters through the Administration 

for Children and Families programs. As 

such, they are covered both by the ADA and 

section 504. UFAS is currently the design 

standard for new construction and alterations for entities subject to section 504. 

The two design standards for accessibility-

-the 1991 Standards and UFAS--have 

confronted many social service providers 

with separate, and sometimes conflicting, 

requirements for design and construction 

of facilities. To resolve these conflicts, the 

residential facilities standards in the 2004 

ADAAG have been coordinated with the 

section 504 requirements. The transient 

lodging standards, however, are not similarly coordinated. The deletion of section 

9.5 of the 1991 Standards from the 2004 

ADAAG presented two options: (1) Require 

coverage under the transient lodging standards, and subject such facilities to separate, conflicting requirements for design and 

construction; or (2) require coverage under 

the residential facilities standards, which 

would harmonizes the regulatory requirements under the ADA and section 504. The 

Department chose the option that harmonizes the regulatory requirements: coverage 

under the residential facilities standards.

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 In the NPRM, the Department expressed 

concern that the residential facilities standards do not include a requirement for 

clear floor space next to beds similar to 

the requirement in the transient lodging 

standards; as a result, the Department 

proposed adding a provision that would 

require certain social service center establishments that provide sleeping rooms 

with more than 25 beds to ensure that a 

minimum of 5 percent of the beds have 

clear floor space in accordance with 

section 806.2.3 of the 2004 ADAAG.

 The Department requested information from providers who operate homeless 

shelters, transient group homes, halfway 

houses, and other social service center 

establishments, and from the clients of 

these facilities who would be affected 

by this proposed change. In the NPRM, 

the Department asked to what extent 

conflicts between the ADA and section 

504 have affected these facilities and 

what the effect would be of applying the 

residential dwelling unit requirements to 

these facilities, rather than the requirements for transient lodging guest rooms.

 Many of the commenters supported 

applying the residential facilities requirements to social service center establishments stating that even though the residential facilities requirements are less demanding, in some instances, the existence of 

one clear standard will result in an overall 

increased level of accessibility by eliminating the confusion and inaction that are 

sometimes caused by the current existence 

of multiple requirements. One commenter 

stated that the residential facilities guidelines were more appropriate because individuals housed in social service center 

establishments typically stay for a prolonged 

period of time, and guests of a transient 

lodging facility typically are not housed to 

participate in a program or receive services.

 One commenter opposed to the 

proposed section argued for the application of the transient lodging standards to 

all social service center establishments 

except those that were “intended as a 

person’s place of abode,’’ referencing 

the Department’s question related to the 

definition of place of lodging in the title 

III NPRM. A second commenter stated 

that the use of transient lodging guidelines would lead to greater accessibility.

 The Department continues to be 

concerned about alleviating the challenges 

for social service providers that are also 

subject to section 504 and that would likely 

be subject to conflicting requirements if the 

transient lodging standard were applied. 

Thus, the Department has retained the 

requirement that social service center 

establishments comply with the residential 

dwelling standards. The Department did 

not receive comments regarding adding a 

requirement for bathing options, such as 

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a roll-in shower, in social service center 

establishments operated by public accommodations. The Department did, however, 

receive comments in support of adding 

such a requirement regarding public entities 

under title II. The Department believes that 

social service center establishments that 

provide emergency shelter to large transient 

populations should be able to provide bathing facilities that are accessible to persons 

with mobility disabilities who need roll-in 

showers. Because of the transient nature 

of the population of these large shelters, it 

will not be feasible to modify bathing facilities in a timely manner when faced with a 

need to provide a roll-in shower with a 

seat when requested by an overnight visitor. As a result, the Department has added 

a requirement that social service center 

establishments with sleeping accommodations for more than 50 individuals must 

provide at least one roll-in shower with a 

seat that complies with the relevant provisions of section 608 of the 2010 Standards. 

Transfer-type showers are not permitted in 

lieu of a roll-in shower with a seat, and the 

exceptions in sections 608.3 and 608.4 for 

residential dwelling units are not permitted. When separate shower facilities are 

provided for men and for women, at least 

one roll-in shower must be provided for each 

group. This supplemental requirement to the 

residential facilities standards is in addition 

to the supplemental requirement that was 

proposed in the NPRM for clear floor space 

in sleeping rooms with more than 25 beds.

 The Department also notes that while 

dwelling units at some social service 

center establishments are also subject to 

FHAct design and construction requirements that require certain features of 

adaptable and accessible design, FHAct 

units do not provide the same level of 

accessibility that is required for residential facilities under the 2010 Standards. 

The FHAct requirements, where also 

applicable, should not be considered a 

substitute for the 2010 Standards. Rather, 

the 2010 Standards must be followed in 

addition to the FHAct requirements.

 The Department also notes that while in 

the NPRM the Department used the term 

“social service establishment,’’ the final 

rule uses the term “ social service center 

establishment.’’ The Department has made 

this editorial change so that the final rule 

is consistent with the terminology used in 

the ADA. See 42 U.S.C. 12181(7)(K).

Section 36.406(e) Housing 

at a Place of Education

 The Department of Justice and the 

Department of Education share responsibility for regulation and enforcement of the 

ADA in postsecondary educational settings, 

including architectural features. Housing 

types in educational settings range from 

traditional residence halls and dormitories to apartment or townhouse-style residences. In addition to title III of the ADA, 

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universities and schools that are recipients 

of Federal financial assistance also are 

subject to section 504, which contains its 

own accessibility requirements currently 

through the application of UFAS. Residential 

housing, including housing in an educational setting, is also covered by the FHAct, 

which requires newly constructed multifamily housing to include certain features of 

accessible and adaptable design. Covered 

entities subject to the ADA must always 

be aware of, and comply with, any other 

Federal statutes or regulations that govern 

the operation of residential properties.

 Although the 1991 Standards mention 

dormitories as a form of transient lodging, they do not specifically address how 

the ADA applies to dormitories and other 

types of residential housing provided in an 

educational setting. The 1991 Standards 

also do not contain any specific provisions 

for residential facilities, allowing covered 

entities to elect to follow the residential 

standards contained in UFAS. Although 

the 2004 ADAAG contains provisions for 

both residential facilities and transient lodging, the guidelines do not indicate which 

requirements apply to housing provided 

in an educational setting, leaving it to the 

adopting agencies to make that choice. 

After evaluating both sets of standards, the 

Department concluded that the benefits of 

applying the transient lodging standards 

outweighed the benefits of applying the residential facilities standards. Consequently, 

in the NPRM, the Department proposed 

a new Sec. 36.406(e) that provided that 

residence halls or dormitories operated by 

or on behalf of places of education shall 

comply with the provisions of the proposed 

standards for transient lodging, including, but not limited to, the provisions in 

sections 224 and 806 of the 2004 ADAAG.

 Private universities and schools covered 

by title III as public accommodations are 

required to make their programs and activities accessible to persons with disabilities. 

The housing facilities that they provide 

have varied characteristics. College and 

university housing facilities typically provide 

housing for up to one academic year, but 

may be closed during school vacation periods. In the summer, they often are used 

for short-term stays of one to three days, 

a week, or several months. Graduate and 

faculty housing often is provided year-round 

in the form of apartments, which may serve 

individuals or families with children. These 

housing facilities are diverse in their layout. 

Some are double-occupancy rooms with a 

shared toilet and bathing room, which may 

be inside or outside the unit. Others may 

contain cluster, suite, or group arrangements where several rooms are located 

inside a defined unit with bathing, kitchen, 

and similar common facilities. In some 

cases, these suites are indistinguishable 

in features from traditional apartments. 

Universities may build their own housing facilities or enter into agreements with 

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private developers to build, own, or lease 

housing to the educational institution or 

to its students. Academic housing may be 

located on the campus of the university or 

may be located in nearby neighborhoods.

 Throughout the school year and the 

summer, academic housing can become 

program areas in which small groups meet, 

receptions and educational sessions are 

held, and social activities occur. The ability to move between rooms--both accessible rooms and standard rooms--in order 

to socialize, to study, and to use all public 

use and common use areas is an essential 

part of having access to these educational 

programs and activities. Academic housing 

also is used for short-term transient educational programs during the time students are 

not in regular residence and may be rented 

out to transient visitors in a manner similar 

to a hotel for special university functions.

 The Department was concerned that 

applying the new construction requirements 

for residential facilities to educational housing facilities could hinder access to educational programs for students with disabilities. 

Elevators generally are not required under 

the 2004 ADAAG residential facilities standards unless they are needed to provide 

an accessible route from accessible units 

to public use and common use areas, while 

under the 2004 ADAAG as it applies to other 

types of facilities, multistory private facilities 

must have elevators unless they meet very 

specific exceptions. In addition, the residential facilities standards do not require accessible roll-in showers in bathrooms, while the 

transient lodging requirements require some 

of the accessible units to be served by bathrooms with roll-in showers. The transient 

lodging standards also require that a greater 

number of units have accessible features 

for persons with communication disabilities. 

The transient lodging standards provide 

for installation of the required accessible 

features so that they are available immediately, but the residential facilities standards 

allow for certain features of the unit to be 

adaptable. For example, only reinforcements for grab bars need to be provided in 

residential dwellings, but the actual grab 

bars must be installed under the transient 

lodging standards. By contrast, the residential facilities standards do require certain 

features that provide greater accessibility 

within units, such as usable kitchens and 

an accessible route throughout the dwelling. The residential facilities standards also 

require 5 percent of the units to be accessible to persons with mobility disabilities, 

which is a continuation of the same scoping 

that is currently required under UFAS and 

is therefore applicable to any educational 

institution that is covered by section 504. 

The transient lodging standards require 

a lower percentage of accessible sleeping rooms for facilities with large numbers 

of rooms than is required by UFAS. For 

example, if a dormitory has 150 rooms, the 

transient lodging standards would require 7 

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accessible rooms, while the residential standards would require 8. In a large dormitory 

with 500 rooms, the transient lodging standards would require 13 accessible rooms, 

and the residential facilities standards would 

require 25. There are other differences 

between the two sets of standards, including requirements for accessible windows, 

alterations, kitchens, an accessible route 

throughout a unit, and clear floor space in 

bathrooms allowing for a side transfer.

 In the NPRM, the Department requested 

public comment on how to scope educational housing facilities, and it asked 

whether the residential facilities requirements or the transient lodging requirements in the 2004 ADAAG would be more 

appropriate for housing at places of education and asked how the different requirements would affect the cost of building new 

dormitories and other student housing. See 

73 FR 34508, 34545 (June 17, 2008).

 The Department received several 

comments on this issue under title III. One 

commenter stated that the Department 

should adopt the residential facilities standards for housing at a place of education. In 

the commenter’s view, the residential facilities standards are congruent with overlapping requirements imposed by HUD, and 

the residential facilities requirements would 

ensure dispersion of accessible features 

more effectively. This commenter also 

argued that while the increased number 

of required accessible units for residential 

facilities as compared to transient lodging may increase the cost of construction 

or alteration, this cost would be offset by 

a reduced need later to adapt rooms if the 

demand for accessible rooms exceeds 

the supply. The commenter also encouraged the Department to impose a visitability (accessible doorways and necessary clear floor space for turning radius) 

requirement for both the residential facilities and transient lodging requirements to 

allow students with mobility impairments to 

interact and socialize in a fully integrated 

fashion. Another commenter stated that 

while dormitories should be treated like residences as opposed to transient lodging, the 

Department should ensure that “all floors are 

accessible,’’ thus ensuring community integration and visitability. Another commenter 

argued that housing at a place of education is comparable to residential housing, 

and that most of the housing types used 

by schools do not have the same amenities and services or function like transient 

lodging and should not be treated as such.

 Several commenters focused on the 

length of stay at this type of housing and 

suggested that if the facilities are subject 

to occupancy for greater than 30 days, the 

residential standards should apply. Another 

commenter supported the Department’s 

adoption of the transient lodging standards, 

arguing this will provide greater accessibility and therefore increase opportunities 

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for students with disabilities to participate. 

One commenter, while supporting the use 

of transient lodging standards in this area, 

argued that the Department also should 

develop regulations relating to the usability 

of equipment in housing facilities by persons 

who are blind or visually impaired. Another 

commenter argued that the Department 

should not impose the transient lodging 

requirements on K-12 schools because the 

cost of adding elevators can be prohibitive, 

and because there are safety concerns 

related to evacuating students in wheelchairs living on floors above the ground floor 

in emergencies causing elevator failures.

 The Department has considered the 

comments recommending the use of the 

residential facilities standards and acknowledges that they require certain features 

that are not included in the transient lodging standards and that should be required 

for housing provided at a place of education. In addition, the Department notes that 

since educational institutions often use 

their academic housing facilities as shortterm transient lodging in the summers, 

it is important that accessible features 

be installed at the outset. It is not realistic to expect that the educational institution will be able to adapt a unit in a timely 

manner in order to provide accessible 

accommodations to someone attending a 

one-week program during the summer.

 The Department has determined that 

the best approach to this type of housing is to continue to require the application of transient lodging standards 

but, at the same time, to add several 

requirements drawn from the residential facilities standards related 

to accessible turning spaces and work 

surfaces in kitchens, and the accessible route throughout the unit. This will 

ensure the maintenance of the transient 

lodging standard requirements related 

to access to all floors of the facility, rollin showers in facilities with more than 

50 sleeping rooms, and other important 

accessibility features not found in the 

residential facilities standards, but also 

will ensure usable kitchens and access 

to all the rooms in a suite or apartment.

 The Department has added a new definition to Sec. 36.104, “Housing at a Place of 

Education,’’ and has revised Sec. 36.406(e) 

to reflect the accessible features that now 

will be required in addition to the requirements set forth under the transient lodging 

standards. The Department also recognizes 

that some educational institutions provide 

some residential housing on a year-round 

basis to graduate students and staff that 

is comparable to private rental housing 

but contains no facilities for educational 

programming. Section 36.406(e)(3) exempts 

from the transient lodging standards apartments or townhouse facilities that are 

provided with a lease on a year-round 

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basis exclusively to graduate students or 

faculty and that do not contain any public 

use or common use areas available for 

educational programming; instead, such 

housing must comply with the requirements for residential facilities in sections 

233 and 809 of the 2010 Standards.

 The regulatory text uses the term 

“sleeping room’’ in lieu of the term “guest 

room,’’ which is the term used in the transient lodging standards. The Department 

is using this term because it believes 

that for the most part, it provides a better 

description of the sleeping facilities used 

in a place of education than “guest room.’’ 

The final rule states in Sec. 36.406(e) 

that the Department intends the terms to 

be used interchangeably in the application of the transient lodging standards 

to housing at a place of education.

Section 36.406(f) Assembly Areas

 In the NPRM, the Department proposed 

Sec. 36.406(f) to supplement the assembly area requirements of the 2004 ADAAG, 

which the Department is adopting as 

part of the 2010 Standards. The NPRM 

proposed at Sec. 36.406(f)(1) to require 

wheelchair spaces and companion seating locations to be dispersed to all levels 

of the facility that are served by an accessible route. The Department received no 

significant comments on this paragraph 

and has decided to adopt the proposed 

language with minor modifications.

 Section 36.406(f)(1) ensures that there 

is greater dispersion of wheelchair spaces 

and companion seats throughout stadiums, arenas, and grandstands than would 

otherwise be required by sections 221 and 

802 of the 2004 ADAAG. In some cases, 

the accessible route may not be the same 

route that other individuals use to reach 

their seats. For example, if other patrons 

reach their seats on the field by an inaccessible route (e.g., by stairs), but there 

is an accessible route that complies with 

section 206.3 of the 2004 ADAAG that could 

be connected to seats on the field, wheelchair spaces and companion seats must 

be placed on the field even if that route 

is not generally available to the public.

 Regulatory language that was included 

in the 2004 ADAAG advisory, but that 

did not appear in the NPRM, has been 

added by the Department in Sec. 36.406(f)

(2). Section 36.406(f)(2) now requires an 

assembly area that has seating encircling, in whole or in part, a field of play or 

performance area, such as an arena or 

stadium, to place wheelchair spaces and 

companion seats around the entire facility. This rule, which is designed to prevent 

a public accommodation from placing 

wheelchair spaces and companion seats 

on one side of the facility only, is consistent with the Department’s enforcement 

practices and reflects its interpretation of 

section 4.33.3 of the 1991 Standards.

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 In the NPRM, the Department proposed 

Sec. 36.406(f)(2), which prohibits wheelchair spaces and companion seating locations from being “located on (or 

obstructed by) temporary platforms * * 

*.’’ 73 FR 34508, 34557 (June 17, 2008). 

Through its enforcement actions, 

the Department discovered that some 

venues place wheelchair spaces and 

companion seats on temporary platforms 

that, when removed, reveal conventional 

seating underneath, or cover the wheelchair spaces and companion seats with 

temporary platforms on top of which they 

place risers of conventional seating. These 

platforms cover groups of conventional 

seats and are used to provide groups of 

wheelchair seats and companion seats.

 Several commenters requested an 

exception to the prohibition of the use of 

temporary platforms for public accommodations that sell most of their tickets 

on a season-ticket or other multi-event 

basis. Such commenters argued that they 

should be able to use temporary platforms 

because they know, in advance, that the 

patrons sitting in certain areas for the whole 

season do not need wheelchair spaces and 

companion seats. The Department declines 

to adopt such an exception. As it explained 

in detail in the NPRM, the Department 

believes that permitting the use of movable 

platforms that seat four or more wheelchair users and their companions have the 

potential to reduce the number of available 

wheelchair seating spaces below the level 

required, thus reducing the opportunities 

for persons who need accessible seating to 

have the same choice of ticket prices and 

amenities that are available to other patrons 

in the facility. In addition, use of removable 

platforms may result in instances where 

last minute requests for wheelchair and 

companion seating cannot be met because 

entire sections of accessible seating will be 

lost when a platform is removed. See 73 

FR 34508, 34546 (June 17, 2008). Further, 

use of temporary platforms allows facilities 

to limit persons who need accessible seating to certain seating areas, and to relegate 

accessible seating to less desirable locations. The use of temporary platforms has 

the effect of neutralizing dispersion and 

other seating requirements (e.g., line of 

sight) for wheelchair spaces and companion 

seats. Cf. Independent Living Resources v. 

Oregon Arena Corp., 1 F. Supp. 2d 1159, 

1171 (D. Or. 1998) (holding that while a 

public accommodation may “infill’’ wheelchair spaces with removable seats when 

the wheelchair spaces are not needed to 

accommodate individuals with disabilities, 

under certain circumstances “[s]uch a practice might well violate the rule that wheelchair spaces must be dispersed throughout 

the arena in a manner that is roughly proportionate to the overall distribution of seating’’). In addition, using temporary platforms 

to convert unsold wheelchair spaces to 

conventional seating undermines the flexibility facilities need to accommodate secondary ticket market exchanges as required 

by Sec. 36.302(f)(7) of the final rule.

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 As the Department explained in the 

NPRM, however, this provision was not 

designed to prohibit temporary seating that 

increases seating for events (e.g., placing 

temporary seating on the floor of a basketball court for a concert). Consequently, the 

final rule, at Sec. 36.406(f)(3), has been 

amended to clarify that if an entire seating section is on a temporary platform for 

a particular event, then wheelchair spaces 

and companion seats may also be in that 

seating section. However, adding a temporary platform to create wheelchair spaces 

and companion seats that are otherwise 

dissimilar from nearby fixed seating and 

then simply adding a small number of 

additional seats to the platform would not 

qualify as an “entire seating section’’ on 

the platform. In addition, Sec. 36.406(f)

(3) clarifies that facilities may fill in wheelchair spaces with removable seats when 

the wheelchair spaces are not needed 

by persons who use wheelchairs.

 The Department has been responsive to 

assembly areas’ concerns about reduced 

revenues due to unused accessible seating. 

Accordingly, the Department has reduced 

scoping requirements significantly--by 

almost half in large assembly areas--and 

determined that allowing assembly areas to 

in-fill unsold wheelchair spaces with readily 

removable temporary individual seats appropriately balances their economic concerns 

with the rights of individuals with disabilities. 

See section 221.1 of the 2010 Standards. 

 For stadium-style movie theaters, in Sec. 

36.406(f)(4) of the NPRM the Department 

proposed requiring placement of wheelchair 

seating spaces and companion seats on a 

riser or cross-aisle in the stadium section 

of the theater that satisfies at least one of 

the following criteria: (1) It is located within 

the rear 60 percent of the seats provided in 

the auditorium; or (2) It is located within the 

area of the auditorium where the vertical 

viewing angles are between the 40th and 

100th percentile of vertical viewing angles 

for all seats in that theater as ranked from 

the first row (1st percentile) to the back 

row (100th percentile). The vertical viewing angle is the angle between a horizontal 

line perpendicular to the seated viewer’s 

eye to the screen and a line from the seated 

viewer’s eye to the top of the screen.

 The Department proposed this bright-line 

rule for two reasons: (1) the movie theater 

industry petitioned for such a rule; and 

(2) the Department has acquired expertise in the design of stadium-style theaters 

during its litigation with several major movie 

theater chains. See United States. v. AMC 

Entertainment, Inc., 232 F. Supp.2d 1092 

(C.D. Cal. 2002), rev’d in part, 549 F.3d 760 

(9th Cir. 2008); United States v. Cinemark 

USA, Inc., 348 F.3d 569 (6th Cir. 2003). Two 

industry commenters--at least one of whom 

otherwise supported this rule--requested 

that the Department explicitly state that this 

rule does not apply retroactively to existing 

theaters. Although this provision on its face 

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applies to new construction and alterations, 

these commenters were concerned that the 

rule could be interpreted to apply retroactively because of the Department’s statements in the NPRM and ANPRM that this 

bright line rule, although newly articulated, 

is not a new standard but “merely codifi[es] 

longstanding Department requirement[s],’’ 

73 FR 34508, 34534 (June 17, 2008), and 

does not represent a “substantive change 

from the existing line-of-sight requirements’’ 

of section 4.33.3 of the 1991 Standards, 

69 FR 58768, 58776 (Sept. 30, 2004).

 Although the Department intends for 

Sec. 36.406(f)(4) of this rule to apply 

prospectively to new construction and 

alterations, this rule is not a departure 

from, and is consistent with, the line-ofsight requirements in the 1991 Standards. 

The Department has always interpreted 

the line-of-sight requirements in the 1991 

Standards to require viewing angles 

provided to patrons who use wheelchairs 

to be comparable to those afforded to other 

spectators. Section 36.406(f)(4) merely 

represents the application of these requirements to stadium-style movie theaters.

 One commenter from a trade association 

sought clarification whether Sec. 36.406(f)

(4) applies to stadium-style theaters with 

more than 300 seats, and argued that it 

should not since dispersion requirements 

apply in those theaters. The Department 

declines to limit this rule to stadium-style 

theaters with 300 or fewer seats; stadiumstyle theaters of all sizes must comply with 

this rule. So, for example, stadium-style 

theaters that must vertically disperse wheelchair spaces and companion seats must 

do so within the parameters of this rule.

 The NPRM included a provision that 

required assembly areas with more 

than 5,000 seats to provide at least five 

wheelchair spaces with at least three 

companion seats for each of those five 

wheelchair spaces. The Department 

agrees with commenters who asserted 

that group seating is better addressed 

through ticketing policies rather than 

design and has deleted that provision 

from this section of the final rule.

Section 36.406(g) 

Medical Care Facilities

 In the 1991 title III regulation, there was 

no provision addressing the dispersion 

of accessible sleeping rooms in medical 

care facilities. The Department is aware, 

however, of problems that individuals with 

disabilities face in receiving full and equal 

medical care when accessible sleeping 

rooms are not adequately dispersed. When 

accessible rooms are not fully dispersed, 

a person with a disability is often placed in 

an accessible room in an area that is not 

medically appropriate for his or her condition, and is thus denied quick access to 

staff with expertise in that medical specialty 

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and specialized equipment. While the 

Access Board did not establish specific 

design requirements for dispersion in the 

2004 ADAAG, in response to extensive 

comments in support of dispersion it added 

an advisory note, Advisory 223.1 General, 

encouraging dispersion of accessible 

rooms within the facility so that accessible 

rooms are more likely to be proximate to 

appropriate qualified staff and resources.

 In the NPRM, the Department sought 

additional comment on the issue, asking 

whether it should require medical care 

facilities, such as hospitals, to disperse 

their accessible sleeping rooms, and if 

so, by what method (by specialty area, 

floor, or other criteria). All of the comments 

the Department received on this issue 

supported dispersing accessible sleeping rooms proportionally by specialty area. 

These comments from individuals, organizations, and a building code association, argued that it would not be difficult for 

hospitals to disperse rooms by specialty 

area, given the high level of regulation to 

which hospitals are subject and the planning that hospitals do based on utilization trends. Further, comments suggest 

that without a requirement, it is unlikely 

that hospitals would disperse the rooms. 

In addition, concentrating accessible 

rooms in one area perpetuates segregation of individuals with disabilities, which 

is counter to the purpose of the ADA.

 The Department has decided to require 

medical care facilities to disperse their 

accessible sleeping rooms in a manner that 

is proportionate by type of medical specialty. 

This does not require exact mathematical 

proportionality, which at times would be 

impossible. However, it does require that 

medical care facilities disperse their accessible rooms by medical specialty so that 

persons with disabilities can, to the extent 

practical, stay in an accessible room within 

the wing or ward that is appropriate for their 

medical needs. The language used in this 

rule (“in a manner that is proportionate by 

type of medical specialty’’) is more specific 

than that used in the NPRM (“in a manner 

that enables patients with disabilities to have 

access to appropriate specialty services’’) 

and adopts the concept of proportionality 

proposed by the commenters. Accessible 

rooms should be dispersed throughout all 

medical specialties, such as obstetrics, 

orthopedics, pediatrics, and cardiac care.

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68
4 Analysis and Commentary 

on the 2010 Standards 

for Accessible Design

69
70
 

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The following is a discussion of substantive 

changes in the scoping and technical 

requirements for new construction and 

alterations resulting from the adoption of 

new ADA Standards for Accessible Design 

(2010 Standards) in the final rules for title II 

(28 CFR part 35) and title III (28 CFR part 

36) of the Americans with Disabilities Act 

(ADA). The full text of the 2010 Standards is 

available for review at www.ada.gov.

In the Department’s revised ADA title II 

regulation, 28 CFR 35.104 Definitions, 

the Department defines the term “2010 

Standards” to mean the 2010 ADA Standards 

for Accessible Design. The 2010 Standards 

consist of the 2004 ADA Accessibility 

Guidelines (ADAAG) and the requirements 

contained in 28 CFR 35.151.

In the Department’s revised ADA title III 

regulation, 28 CFR 36.104 Definitions, 

the Department defines the term “2010 

Standards” to mean the 2010 ADA Standards 

for Accessible Design. The 2010 Standards 

consist of the 2004 ADA Accessibility 

Guidelines (ADAAG) and the requirements 

contained in 28 CFR part 36 subpart D.

This summary addresses selected 

substantive changes between the 1991 

ADA Standards for Accessible Design 

(1991 Standards) codified at 28 CFR part 

36, app. A (2009) and the 2010 Standards. 

Editorial changes are not discussed. Scoping 

and technical requirements are discussed 

together, where appropriate, for ease of 

understanding the requirements. In addition, 

this document addresses selected public 

comments received by the Department in 

response to its September 2004 Advance 

Notice of Proposed Rulemaking (ANPRM) 

and its June 2008 Notice of Proposed 

Rulemaking (NPRM).

The ANPRM and NPRM issued by the 

Department concerning the proposed 2010 

Standards stated that comments received 

by the Access Board in response to its 

development of the ADAAG upon which 

the 2010 Standards are based would be 

considered in the development of the final 

Standards. Therefore, the Department will 

not restate here all of the comments and 

responses to them issued by the Access 

Board. The Department is supplementing the 

Access Board’s comments and responses 

with substantive comments and responses 

here. Comments and responses addressed 

by the Access Board that also were 

separately submitted to the Department will 

not be restated in their entirety here. 

Appendix B to part 36:

Analysis and Commentary on the 

2010 ADA Standards for Accessible Design
 

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Application and Administration

102 Dimensions for Adults and Children

Section 2.1 of the 1991 Standards stated 

that the specifications were based upon adult 

dimensions and anthropometrics. 

The 1991 Standards did not provide specific 

requirements for children’s elements or 

facilities.

Section 102 of the 2010 Standards states 

that the technical requirements are based 

on adult dimensions and anthropometrics. 

In addition, technical requirements are also 

provided based on children’s dimensions and 

anthropometrics for drinking fountains, water 

closets and other elements located in toilet 

compartments, lavatories and sinks, dining 

surfaces, and work surfaces. 

103 Equivalent Facilitation

This section acknowledges that nothing 

in these requirements prevents the use 

of designs, products, or technologies as 

alternatives to those prescribed, provided 

that the alternatives result in substantially 

equivalent or greater accessibility and 

usability. 

A commenter encouraged the Department 

to include a procedure for determining 

equivalent facilitation. The Department 

believes that the responsibility for determining 

and demonstrating equivalent facilitation 

properly rests with the covered entity. The 

purpose of allowing for equivalent facilitation 

is to encourage flexibility and innovation 

while still ensuring access. The Department 

believes that establishing potentially 

cumbersome bureaucratic provisions for 

reviewing requests for equivalent facilitation 

is inappropriate. 

104 Conventions

Dimensions. Section 104.1 of the 2010 

Standards notes that dimensions not stated 

as a “maximum” or “minimum” are absolute. 

Section 104.1.1 of the 2010 Standards 

provides that all dimensions are subject to 

conventional industry tolerances except 

where the requirement is stated as a range 

with specific minimum and maximum 

end points. A commenter stated that the 

2010 Standards restrict the application of 

construction tolerances only to those few 

requirements that are expressed as an 

absolute dimension.

This is an incorrect interpretation of sections 

104.1 and 104.1.1 of the 2010 Standards. 

Construction and manufacturing tolerances 

apply to absolute dimensions as well as to 

dimensions expressed as a maximum or 

minimum. When the requirement states a 

specified range, such as in section 609.4 

where grab bars must be installed between 

33 inches and 36 inches above the finished 

floor, that range provides an adequate 

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tolerance. Advisory 104.1.1 gives further 

guidance about tolerances.

 

Section 104.2 of the 2010 Standards 

provides that where the required number 

of elements or facilities to be provided is 

determined by calculations of ratios or 

percentages and remainders or fractions 

result, the next greater whole number of 

such elements or facilities shall be provided. 

Where the determination of the required size 

or dimension of an element or facility involves 

ratios or percentages, rounding down for 

values less than one-half is permissible.

A commenter stated that it is customary in 

the building code industry to round up rather 

than down for values less than one-half. 

As noted here, where the 2010 Standards 

provide for scoping, any resulting fractional 

calculations will be rounded to the next whole 

number. The Department is retaining the 

portion of section 104.2 that permits rounding 

down for values less than one-half where 

the determination of the required size or 

dimension of an element or facility involves 

ratios or percentages. Such practice is 

standard with the industry, and is in keeping 

with model building codes.

105 Referenced Standards

Section 105 lists the industry requirements 

that are referenced in the 2010 Standards. 

This section also clarifies that where there is 

a difference between a provision of the 2010 

Standards and the referenced requirements, 

the provision of the 2010 Standards applies.

106 Definitions

Various definitions have been added to the 

2010 Standards and some definitions have 

been deleted.

One commenter asked that the term public 

right-of-way be defined; others asked that 

various terms and words defined by the 

1991 Standards, but which were eliminated 

from the 2010 Standards, plus other words 

and terms used in the 2010 Standards, be 

defined.

The Department believes that it is not 

necessary to add definitions to this text 

because section 106.3 of the 2010 Standards 

provides that the meanings of terms not 

specifically defined in the 2010 Standards, 

in the Department’s ADA regulations, or in 

referenced standards are to be defined by 

collegiate dictionaries in the sense that the 

context implies. The Department believes that 

this provision adequately addresses these 

commenters’ concerns.

Scoping and 

Technical Requirements

202 Existing Buildings and Facilities

Alterations. Under section 4.1.6(1)(c) of 

the 1991 Standards if alterations to single 

elements, when considered together, amount 

to an alteration of a room or space in a 

building or facility, the entire room or space 

would have to be made accessible. This 

requirement was interpreted to mean that 
 

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if a covered entity chose to alter several 

elements in a room there would come a point 

when so much work had been done that it 

would be considered that the entire room or 

space would have to be made accessible. 

Under section 202.3 of the 2010 Standards 

entities can alter as many elements within a 

room or space as they like without triggering 

a requirement to make the entire room or 

space accessible based on the alteration of 

individual elements. This does not, however, 

change the requirement that if the intent was 

to alter the entire room or space, the entire 

room or space must be made accessible and 

comply with the applicable requirements of 

Chapter 2 of the 2010 Standards. 

Alterations to Primary Function Areas.

Section 202.4 restates a current requirement 

under title III, and therefore represents no 

change for title III facilities or for those title II 

facilities that have elected to comply with the 

1991 Standards. However, under the revised 

title II regulation, state and local government 

facilities that have previously elected to 

comply with the Uniform Federal Accessibility 

Standards (UFAS) instead of the 1991 

Standards will no longer have that option, and 

thus will now be subject to the path of travel 

requirement. The path of travel requirement 

provides that when a primary function area 

of an existing facility is altered, the path 

of travel to that area (including restrooms, 

telephones, and drinking fountains serving 

the area) must also be made accessible, 

but only to the extent that the cost of doing 

so does not exceed twenty percent (20%) 

of the cost of the alterations to the primary 

function area. The UFAS requirements for a 

substantial alteration, though different, may 

have covered some of the items that will now 

be covered by the path of travel requirement.

Visible Alarms in Alterations to Existing 

Facilities. The 1991 Standards, at sections 

4.1.3(14) and 4.1.6(1)(b), and sections 202.3 

and 215.1 of the 2010 Standards require 

that when existing elements and spaces of 

a facility are altered, the alterations must 

comply with new construction requirements. 

Section 215.1 of the 2010 Standards adds 

a new exception to the scoping requirement 

for visible alarms in existing facilities so that 

visible alarms must be installed only when 

an existing fire alarm system is upgraded 

or replaced, or a new fire alarm system is 

installed.

Some commenters urged the Department 

not to include the exception and to make 

visible alarms a mandatory requirement for 

all spaces, both existing and new. Other 

commenters said that the exception will 

make the safety of individuals with disabilities 

dependent upon the varying age of existing 

fire alarm systems. Other commenters 

suggested that including this requirement, 

even with the exception, will result in 

significant cost to building owners and 

operators.

 

The Department believes that the language 

of the exception to section 215.1 of the 

2010 Standards strikes a reasonable 

balance between the interests of individuals 

with disabilities and those of the business 
 

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community. If undertaken at the time a 

system is installed, whether in a new facility 

or in a planned system upgrade, the cost of 

adding visible alarms is reasonable. Over 

time, existing facilities will become fully 

accessible to individuals who are deaf or 

hard of hearing, and will add minimal costs to 

owners and operators.

203 General Exceptions 

Limited Access Spaces and Machinery 

Spaces. The 1991 Standards, at section 

4.1.1, contain an exception that exempts 

“non-occupiable” spaces that have limited 

means of access, such as ladders or very 

narrow passageways, and that are visited 

only by service personnel for maintenance, 

repair, or occasional monitoring of equipment, 

from all accessibility requirements. Sections 

203.4 and 203.5 of the 2010 Standards 

expand this exception by removing the 

condition that the exempt spaces be “nonoccupiable,” and by separating the other 

conditions into two independent exceptions: 

one for spaces with limited means of access, 

and the other for machinery spaces. More 

spaces are exempted by the exception in the 

2010 Standards.

203, 206 and 215 Employee Work Areas

Common Use Circulation Paths in 

Employee Work Areas. The 1991 

Standards at section 4.1.1(3), and the 

2010 Standards at section 203.9, require 

employee work areas in new construction 

and alterations only to be designed 

and constructed so that individuals with 

disabilities can approach, enter, and exit 

the areas. Section 206.2.8 of the 2010 

Standards requires accessible common 

use circulation paths within employee work 

areas unless they are subject to exceptions 

in sections 206.2.8, 403.5, 405.5, and 405.8. 

The ADA, 42 U.S.C. 12112 (b)(5)(A) and 

(B), requires employers to make reasonable 

accommodations in the workplace for 

individuals with disabilities, which may 

include modifications to work areas when 

needed. Providing increased access in the 

facility at the time of construction or alteration 

will simplify the process of providing 

reasonable accommodations when they are 

needed.

The requirement for accessible common 

use circulation paths will not apply to 

existing facilities pursuant to the readily 

achievable barrier removal requirement. 

The Department has consistently taken the 

position that barrier removal requirements 

do not apply to areas used exclusively by 

employees because the purpose of title III is 

to ensure that access is provided to clients 

and customers. See Appendix B to the 1991 

regulation implementing title III, 

28 CFR part 36.

Several exceptions to section 206.2.8 of 

the 2010 Standards exempt common use 

circulation paths in employee work areas 

from the requirements of section 402 where 

it may be difficult to comply with the technical 

requirements for accessible routes due to the 

size or function of the area:
 

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• Employee work areas, or portions of 

employee work areas, that are less than 

300 square feet and are elevated 7 inches 

or more above the ground or finish floor, 

where elevation is essential to the function of the space, are exempt. 

• Common use circulation paths within 

employee work areas that are less than 

1,000 square feet and are defined by 

permanently installed partitions, counters, 

casework, or furnishings are exempt. 

Kitchens in quick service restaurants, 

cocktail bars, and the employee side of 

service counters are frequently covered 

by this exception.

• Common use circulation paths within 

employee work areas that are an integral 

component of equipment are exempt. 

Common use circulation paths within 

large pieces of equipment in factories, 

electric power plants, and amusement 

rides are covered by this exception. 

• Common use circulation paths within 

exterior employee work areas that are 

fully exposed to the weather are exempt. 

Farms, ranches, and outdoor maintenance facilities are covered by this exception. 

The 2010 Standards in sections 403.5 and 

405.8 also contain exceptions to the technical 

requirements for accessible routes for 

circulation paths in employee work areas:

• Machinery and equipment are permitted 

to reduce the clear width of common use 

circulation paths where the reduction is 

essential to the function of the work performed. Machinery and equipment that 

must be placed a certain way to work 

properly, or for ergonomics or to prevent 

workplace injuries are covered by this 

exception.

• Handrails are not required on ramps, provided that they can be added in the future.

Commenters stated that the requirements 

set out in the 2010 Standards for accessible 

common use circulation paths in employee 

work areas are inappropriate, particularly in 

commercial kitchens, storerooms, and behind 

cocktail bars where wheelchairs would not be 

easily accommodated. These commenters 

further urged the Department not to adopt 

a requirement that circulation paths in 

employee work areas be at least 36 inches 

wide, including those at emergency exits. 

These commenters misunderstand the 

scope of the provision. Nothing in the 2010 

Standards requires all circulation paths in 

non-exempt areas to be accessible. The 

Department recognizes that building codes 

and fire and life safety codes, which are 

adopted by all of the states, require primary

circulation paths in facilities, including 

employee work areas, to be at least 36 

inches wide for purposes of emergency 

egress. Accessible routes also are at least 

36 inches wide. Therefore, the Department 

anticipates that covered entities will be 
 

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able to satisfy the requirement to provide 

accessible circulation paths by ensuring that 

their required primary circulation paths are 

accessible.

Individual employee work stations, such as a 

grocery checkout counter or an automobile 

service bay designed for use by one person, 

do not contain common use circulation paths 

and are not required to comply. Other work 

areas, such as stockrooms that typically have 

narrow pathways between shelves, would 

be required to design only one accessible 

circulation path into the stockroom. It would 

not be necessary to make each circulation 

path in the room accessible. In alterations 

it may be technically infeasible to provide 

accessible common use circulation paths in 

some employee work areas. For example, 

in a stock room of a department store 

significant existing physical constraints, such 

as having to move walls to avoid the loss of 

space to store inventory, may mean that it 

is technically infeasible (see section 106.5 

“Defined Terms” of the 2010 Standards) 

to make even the primary common use 

circulation path in that stock room wide 

enough to be accessible. In addition, the 

2010 Standards include exceptions for 

common use circulation paths in employee 

work areas where it may be difficult to 

comply with the technical requirements for 

accessible routes due to the size or function 

of the areas. The Department believes that 

these exceptions will provide the flexibility 

necessary to ensure that this requirement 

does not interfere with legitimate business 

operations.

Visible Alarms. Section 215.3 of the 2010 

Standards provides that where employee 

work areas in newly constructed facilities 

have audible alarm coverage they are 

required to have wiring systems that 

are capable of supporting visible alarms 

that comply with section 702 of the 2010 

Standards. The 1991 Standards, at section 

4.1.1(3), require visible alarms to be provided 

where audible fire alarm systems are 

provided, but do not require areas used only 

by employees as work areas to be equipped 

with accessibility features. As applied to office 

buildings, the 1991 Standards require visible 

alarms to be provided in public and common 

use areas such as hallways, conference 

rooms, break rooms, and restrooms, where 

audible fire alarm systems are provided. 

Commenters asserted that the requirements 

of section 215.3 of the 2010 Standards would 

be burdensome to meet. These commenters 

also raised concerns that all employee work 

areas within existing buildings and facilities 

must be equipped with accessibility features.

The commenters’ concerns about section 

215.3 of the 2010 Standards represent 

a misunderstanding of the requirements 

applicable to employee work areas. 

Newly constructed buildings and facilities 

merely are required to provide wiring so 

that visible alarm systems can be added as 

needed to accommodate employees who 

are deaf or hard of hearing. This is a minimal 

requirement without significant impact. 
 

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The other issue in the comments represents 

a misunderstanding of the Department’s 

existing regulatory requirements. Employee 

common use areas in covered facilities 

(e.g., locker rooms, break rooms, cafeterias, 

toilet rooms, corridors to exits, and other 

common use spaces) were required to 

be accessible under the 1991 Standards; 

areas in which employees actually perform 

their jobs are required to enable a person 

using a wheelchair or mobility device to 

approach, enter, and exit the area. The 2010 

Standards require increased access through 

the accessible common use circulation path 

requirement, but neither the 1991 Standards 

nor the 2010 Standards require employee 

work stations to be accessible. Access to 

specific employee work stations is governed 

by title I of the ADA.

205 and 309 Operable Parts

Section 4.1.3, and more specifically 

sections 4.1.3(13), 4.27.3, and 4.27.4 of 

the 1991 Standards, require operable parts 

on accessible elements, along accessible 

routes, and in accessible rooms and spaces 

to comply with the technical requirements 

for operable parts, including height and 

operation. The 1991 Standards, at section 

4.27.3, contain an exception, “ * * * where the 

use of special equipment dictates otherwise 

or where electrical and communications 

systems receptacles are not normally 

intended for use by building occupants,” from 

the technical requirement for the height of 

operable parts. Section 205.1 of the 2010 

Standards divides this exception into three 

exceptions covering operable parts intended 

only for use by service or maintenance 

personnel, electrical or communication 

receptacles serving a dedicated use, and 

floor electrical receptacles. Operable parts 

covered by these new exceptions are exempt 

from all of the technical requirements for 

operable parts in section 309. The 2010 

Standards also add exceptions that exempt 

certain outlets at kitchen counters; heating, 

ventilating and air conditioning diffusers; 

redundant controls provided for a single 

element, other than light switches; and 

exercise machines and equipment from all 

of the technical requirements for operable 

parts. Exception 7, in section 205.1 of the 

2010 Standards, exempts cleats and other 

boat securement devices from the accessible 

height requirement. Similarly, section 

309.4 of the 2010 Standards exempts gas 

pump nozzles, but only from the technical 

requirement for activating force.

Reach Ranges. The 1991 Standards set 

the maximum height for side reach at 54 

inches above the floor. The 2010 Standards, 

at section 308.3, lower that maximum height 

to 48 inches above the finish floor or ground. 

The 2010 Standards also add exceptions, as 

discussed above, to the scoping requirement 

for operable parts for certain elements that, 

among other things, will exempt them from 

the reach range requirements in section 308.

The 1991 Standards, at sections 4.1.3, 

4.27.3, and 4.2.6, and the 2010 Standards, 

at sections 205.1, 228.1, 228.2, 308.3, and 

309.3, require operable parts of accessible 
 

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elements, along accessible routes, and in 

accessible rooms and spaces to be placed 

within the forward or side-reach ranges 

specified in section 308. The 2010 Standards 

also require at least five percent (5%) of 

mailboxes provided in an interior location 

and at least one of each type of depository, 

vending machine, change machine, and gas 

pump to meet the technical requirements for 

a forward or a side reach. 

Section 4.2.6 of the 1991 Standards specifies 

a maximum 54-inch high side reach and 

a minimum 9-inch low side reach for an 

unobstructed reach depth of 10 inches 

maximum. Section 308.3.1 of the 2010 

Standards specifies a maximum 48-inch high 

side reach and a minimum 15-inch low side 

reach where the element being reached for 

is unobstructed. Section 308.3.1, Exception 

1, permits an obstruction that is no deeper 

than 10 inches between the edge of the clear 

floor or ground space and the element that 

the individual with a disability is trying to 

reach. Changes in the side-reach range for 

new construction and alterations in the 2010 

Standards will affect a variety of building 

elements such as light switches, electrical 

outlets, thermostats, fire alarm pull stations, 

card readers, and keypads.

Commenters were divided in their views 

about the changes to the unobstructed sidereach range. Disability advocacy groups and 

others, including individuals of short stature, 

supported the modifications to the proposed 

reach range requirements. Other commenters 

stated that the new reach range requirements 

will be burdensome for small businesses to 

comply with. These comments argued that 

the new reach range requirements restrict 

design options, especially in residential 

housing.

The Department continues to believe that 

data submitted by advocacy groups and 

others provides compelling evidence that 

lowered reach range requirements will 

better serve significantly greater numbers 

of individuals with disabilities, including 

individuals of short stature, persons with 

limited upper body strength, and others 

with limited use of their arms and fingers. 

The change to the side-reach range was 

developed by the Access Board over 

a prolonged period in which there was 

extensive public participation. This process 

did not produce any significant data to 

indicate that applying the new unobstructed 

side-reach range requirement in new 

construction or during alterations would 

impose a significant burden.

206 and Chapter 4 Accessible Routes

Slope. The 2010 Standards provide, at 

section 403.3, that the cross slope of walking 

surfaces not be steeper than 1:48. The 

1991 Standards’ cross slope requirement 

was that it not exceed 1:50. A commenter 

recommended increasing the cross slope 

requirement to allow a maximum of 1⁄2 inch 

per foot (1:24) to prevent imperfections in 

concrete surfaces from ponding water. The 

Department continues to believe that the 

requirement that a cross slope not be steeper 
 

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than 1:48 adequately provides for water 

drainage in most situations. The suggested 

changes would double the allowable cross 

slope and create a significant impediment 

for many wheelchair users and others with a 

mobility disability.

Accessible Routes from Site Arrival Points 

and Within Sites. The 1991 Standards, 

at sections 4.1.2(1) and (2), and the 2010 

Standards, at sections 206.2.1 and 206.2.2, 

require that at least one accessible route 

be provided within the site from site arrival 

points to an accessible building entrance and 

that at least one accessible route connect 

accessible facilities on the same site. The 

2010 Standards also add two exceptions 

that exempt site arrival points and accessible 

facilities within a site from the accessible 

route requirements where the only means of 

access between them is a vehicular way that 

does not provide pedestrian access.

Commenters urged the Department to 

eliminate the exception that exempts site 

arrival points and accessible facilities from 

the accessible route requirements where 

the only means of access between them is 

a vehicular way not providing pedestrian 

access. The Department declines to 

accept this recommendation because the 

Department believes that its use will be 

limited. If it can be reasonably anticipated 

that the route between the site arrival point 

and the accessible facilities will be used 

by pedestrians, regardless of whether a 

pedestrian route is provided, then this 

exception will not apply. It will apply only 

in the relatively rare situations where the 

route between the site arrival point and the 

accessible facility dictates vehicular access – 

for example, an office complex on an isolated 

site that has a private access road, or a selfservice storage facility where all users are 

expected to drive to their storage units.

Another commenter suggested that the 

language of section 406.1 of the 2010 

Standards is confusing because it states that 

curb ramps on accessible routes shall comply 

with 406, 405.2 through 405.5, and 405.10. 

The 1991 Standards require that curb ramps 

be provided wherever an accessible route 

crosses a curb.

The Department declines to change this 

language because the change is purely 

editorial, resulting from the overall changes 

in the format of the 2010 Standards. It does 

not change the substantive requirement. 

In the 2010 Standards all elements on a 

required accessible route must be accessible; 

therefore, if the accessible route crosses a 

curb, a curb ramp must be provided. 

Areas of Sport Activity. Section 206.2.2 

of the 2010 Standards requires at least 

one accessible route to connect accessible 

buildings, facilities, elements, and spaces 

on the same site. Advisory section 206.2.2 

adds the explanation that an accessible route 

must connect the boundary of each area of 

sport activity (e.g., courts and playing fields, 

whether indoor or outdoor). Section 206.2.12 

of the 2010 Standards further requires that 
 

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in court sports the accessible route must 

directly connect both sides of the court. 

Limited-Use/Limited-Application 

Elevators, Destination-Oriented Elevators 

and Private Residence Elevators. The 

1991 Standards, at section 4.1.3(5), and 

the 2010 Standards, at sections 206.2 and 

206.6, include exceptions to the scoping 

requirement for accessible routes that 

exempt certain facilities from connecting 

each story with an elevator. If a facility is 

exempt from the scoping requirement, but 

nonetheless installs an elevator, the 1991 

Standards require the elevator to comply 

with the technical requirements for elevators. 

The 2010 Standards add a new exception 

that allows a facility that is exempt from 

the scoping requirement to install a limiteduse/limited-application (LULA) elevator. 

LULA elevators are also permitted in the 

1991 Standards and the 2010 Standards 

as an alternative to platform lifts. The 2010 

Standards also add a new exception that 

permits private residence elevators in multistory dwelling and transient lodging units. 

The 2010 Standards contain technical 

requirements for LULA elevators at section 

408 and private residence elevators at 

section 409.

Section 407.2.1.4 of the 2010 Standards 

includes an exception to the technical 

requirements for locating elevator call buttons 

for destination-oriented elevators. The 

advisory at section 407.2.1.4 describes lobby 

controls for destination-oriented elevator 

systems. Many elevator manufacturers have 

recently developed these new “buttonless” 

elevator control systems. These new, more 

efficient elevators are usually found in highrise buildings that have several elevators. 

They require passengers to enter their 

destination floor on an entry device, usually 

a keypad, in the elevator lobby. The system 

then sends the most efficient car available 

to take all of the passengers going to the 

sixth floor, for example, only to the sixth floor, 

without making stops at the third, fourth, 

and fifth floors on the way to the sixth floor. 

The challenge for individuals who are blind 

or have low vision is how to know which 

elevator car to enter, after they have entered 

their destination floor into the keypad.

Commenters requested that the Department 

impose a moratorium on the installation of 

destination-oriented elevators arguing that 

this new technology presents wayfinding 

challenges for persons who are blind or have 

low vision. 

Section 407.2.1.5 of the 2010 Standards 

allows destination-oriented elevators to not 

provide call buttons with visible signals to 

indicate when each call is registered and 

when each call is answered provided that 

visible and audible signals, compliant with 

407.2.2 of the 2010 Standards, indicating 

which elevator car to enter, are provided. 

This will require the responding elevator car 

to automatically provide audible and visible 

communication so that the system will always 

verbally and visually indicate which elevator 

car to enter.
 

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As with any new technology, all users must 

have time to become acquainted with how 

to use destination-oriented elevators. The 

Department will monitor the use of this new 

technology and work with the Access Board 

so that there is not a decrease in accessibility 

as a result of permitting this new technology 

to be installed. 

Accessible Routes to Tiered Dining Areas 

in Sports Facilities. The 1991 Standards, at 

sections 4.1.3(1) and 5.4, and section 206.2.5 

of the 2010 Standards require an accessible 

route to be provided to all dining areas in 

new construction, including raised or sunken 

dining areas. The 2010 Standards add a new 

exception for tiered dining areas in sports 

facilities. Dining areas in sports facilities 

are typically integrated into the seating bowl 

and are tiered to provide adequate lines of 

sight for individuals with disabilities. The new 

exception requires accessible routes to be 

provided to at least 25 percent (25%) of the 

tiered dining areas in sports facilities. Each 

tier must have the same services and the 

accessible routes must serve the accessible 

seating.

Accessible Routes to Press Boxes. The 

1991 Standards, at sections 4.1.1(1) and 

4.1.3(1), cover all areas of newly constructed 

facilities required to be accessible, and 

require an accessible route to connect 

accessible entrances with all accessible 

spaces and elements within the facility. 

Section 201.1 of the 2010 Standards 

requires that all areas of newly designed 

and constructed buildings and facilities and 

altered portions of existing buildings and 

facilities be accessible. Sections 206.2.7(1) 

and (2) of the 2010 Standards add two 

exceptions that exempt small press boxes 

that are located in bleachers with entrances 

on only one level, and small press boxes that 

are free-standing structures elevated 12 feet 

or more above grade, from the accessible 

route requirement when the aggregate area 

of all press boxes in a sports facility does not 

exceed 500 square feet. The Department 

anticipates that this change will significantly 

reduce the economic impact on smaller 

sports facilities, such as those associated 

with high schools or community colleges. 

Public Entrances. The 1991 Standards, at 

sections 4.1.3(8) and 4.1.6(1)(h), require at 

least fifty percent (50%) of public entrances 

to be accessible. Additionally, the 1991 

Standards require the number of accessible 

public entrances to be equivalent to the 

number of exits required by applicable 

building and fire codes. With very few 

exceptions, building and fire codes require 

at least two exits to be provided from spaces 

within a building and from the building itself. 

Therefore, under the 1991 Standards where 

two public entrances are planned in a newly 

constructed facility, both entrances are 

required to be accessible. 

Instead of requiring accessible entrances 

based on the number of public entrances 

provided or the number of exits required 

(whichever is greater), section 206.4.1 
 

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of the 2010 Standards requires at least 

sixty percent (60%) of public entrances 

to be accessible. The revision is intended 

to achieve the same result as the 1991 

Standards. Thus, under the 2010 Standards 

where two public entrances are planned in 

a newly constructed facility, both entrances 

must be accessible.

Where multiple public entrances are planned 

to serve different site arrival points, the 

1991 Standards, at section 4.1.2(1), and 

section 206.2.1 of the 2010 Standards 

require at least one accessible route to 

be provided from each type of site arrival 

point provided, including accessible parking 

spaces, accessible passenger loading zones, 

public streets and sidewalks, and public 

transportation stops, to an accessible public 

entrance that serves the site arrival point. 

Commenters representing small businesses 

recommended retaining the 1991 requirement 

for fifty percent (50%) of public entrances 

of covered entities to be accessible. These 

commenters also raised concerns about the 

impact upon existing facilities of the new sixty 

percent (60%) requirement. 

The Department believes that these 

commenters misunderstand the 1991 

Standards. As explained above, the 

requirements of the 1991 Standards 

generally require more than fifty percent 

(50%) of entrances in small facilities to be 

accessible. Model codes require that most 

buildings have more than one means of 

egress. Most buildings have more than 

one entrance, and the requirements of the 

1991 Standards typically resulted in these 

buildings having more than one accessible 

entrance. Requiring at least sixty percent 

(60%) of public entrances to be accessible 

is not expected to result in a substantial 

increase in the number of accessible 

entrances compared to the requirements 

of the 1991 Standards. In some very large 

facilities this change may result in fewer 

accessible entrances being required by the 

2010 Standards. However, the Department 

believes that the realities of good commercial 

design will result in more accessible 

entrances being provided for the convenience 

of all users.

The 1991 Standards and the 2010 Standards 

also contain exceptions that limit the 

number of accessible entrances required 

in alterations to existing facilities. When 

entrances to an existing facility are altered 

and the facility has an accessible entrance, 

the entrance being altered is not required 

to be accessible, unless a primary function 

area also is altered and then an accessible 

path of travel must be provided to the primary 

function area to the extent that the cost to do 

so is not disproportionate to the overall cost 

of the alteration. 

Alterations to Existing Elevators. When a 

single space or element is altered, the 1991 

Standards, at sections 4.1.6(1)(a) and (b), 

require the space or element to be made 

accessible. When an element in one elevator 

is altered, the 2010 Standards, at section 

206.6.1, require the same element to be 
 

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altered in all elevators that are programmed 

to respond to the same call button as the 

altered elevator.

The 2010 Standards, at sections 407.2.1 - 

407.4.7.1.2, also contain exceptions to the 

technical requirements for elevators when 

existing elevators are altered that minimize 

the impact of this change. 

Commenters expressed concerns about 

the requirement that when an element in 

one elevator is altered, the 2010 Standards, 

at section 206.6.1, will require the same 

element to be altered in all elevators 

that are programmed to respond to the 

same call button as the altered elevator. 

Commenters noted that such a requirement 

is burdensome and will result in costly efforts 

without significant benefit to individuals with 

disabilities. 

The Department believes that this 

requirement is necessary to ensure that when 

an individual with a disability presses a call 

button, an accessible elevator will arrive. 

Without this requirement, individuals with 

disabilities would have to wait unnecessarily 

for an accessible elevator to make its way 

to them arbitrarily. The Department also 

believes that the effort required to meet 

this provision is minimal in the majority of 

situations because it is typical to upgrade all 

of the elevators in a bank at the same time.

Accessible Routes in Dwelling Units with 

Mobility Features. Sections 4.34.1 and 

4.34.2 of the UFAS require the living area, 

kitchen and dining area, bedroom, bathroom, 

and laundry area, where provided, in covered 

dwelling units with mobility features to be on 

an accessible route. Where covered dwelling 

units have two or more bedrooms, at least 

two bedrooms are required to be on an 

accessible route.

The 2010 Standards at sections 233.3.1.1, 

809.1, 809.2, 809.2.1, and 809.4 will require 

all spaces and elements within dwelling units 

with mobility features to be on an accessible 

route. These changes exempt unfinished 

attics and unfinished basements from the 

accessible route requirement. Section 

233.3.5 of the 2010 Standards also includes 

an exception to the dispersion requirement 

that permits accessible single-story dwelling 

units to be constructed, where multi-story 

dwelling units are one of the types of units 

provided. 

Location of Accessible Routes. Section 

4.3.2(1) of the 1991 Standards requires 

accessible routes connecting site arrival 

points and accessible building entrances 

to coincide with general circulation paths, 

to the maximum extent feasible. The 2010 

Standards require all accessible routes to 

coincide with or be located in the same 

general area as general circulation paths. 

Additionally, a new provision specifies that 

where a circulation path is interior, the 

required accessible route must also be 

located in the interior of the facility. The 

change affects a limited number of buildings. 

Section 206.3 of the 2010 Standards requires 

all accessible routes to coincide with or 
 

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be located in the same general area as 

general circulation paths. Designing newly 

constructed interior accessible routes to 

coincide with or to be located in the same 

area as general circulation paths will not 

typically present a difficult design challenge 

and is expected to impose limited design 

constraints. The change will have no impact 

on exterior accessible routes. The 1991 

Standards and the 2010 Standards also 

require accessible routes to be located in 

the interior of the facility where general 

circulation paths are located in the interior 

of the facility. The revision affects a limited 

number of buildings.

Location of Accessible Routes to Stages. 

The 1991 Standards at section 4.33.5 require 

an accessible route to connect the accessible 

seating and the performing area. 

Section 206.2.6 of the 2010 Standards 

requires the accessible route to directly 

connect the seating area and the accessible 

seating, stage, and all areas of the stage, 

where a circulation path directly connects 

the seating area and the stage. Both the 

1991 Standards and the 2010 Standards 

also require an accessible route to connect 

the stage and ancillary areas, such as 

dressing rooms, used by performers. The 

2010 Standards do not require an additional 

accessible route to be provided to the 

stage. Rather, the changes specify where 

the accessible route to the stage, which is 

required by the 1991 Standards, must be 

located.

207 Accessible Means of Egress 

General. The 1991 Standards at sections 

4.1.3(9); 4.1.6(1)(g); and 4.3.10 establish 

scoping and technical requirements for 

accessible means of egress. Section 

207.1 of the 2010 Standards reference the 

International Building Code (IBC) for scoping 

and technical requirements for accessible 

means of egress.

The 1991 Standards require the same 

number of accessible means of egress to be 

provided as the number of exits required by 

applicable building and fire codes. The IBC 

requires at least one accessible means of 

egress and at least two accessible means 

of egress where more than one means of 

egress is required by other sections of the 

building code. The changes in the 2010 

Standards are expected to have minimal 

impact since the model fire and life safety 

codes, which are adopted by all of the states, 

contain equivalent requirements with respect 

to the number of accessible means of egress.

The 1991 Standards require areas of rescue 

assistance or horizontal exits in facilities 

with levels above or below the level of exit 

discharge. Areas of rescue assistance are 

spaces that have direct access to an exit, 

stair, or enclosure where individuals who 

are unable to use stairs can go to call for 

assistance and wait for evacuation. The 2010 

Standards incorporate the requirements 

established by the IBC. The IBC requires an 

evacuation elevator designed with standby 

power and other safety features that can 
 

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be used for emergency evacuation of 

individuals with disabilities in facilities with 

four or more stories above or below the exit 

discharge level, and allows exit stairways 

and evacuation elevators to be used as an 

accessible means of egress in conjunction 

with areas of refuge or horizontal exits. 

The change is expected to have minimal 

impact since the model fire and life safety 

codes, adopted by most states, already 

contain parallel requirements with respect to 

evacuation elevators.

The 1991 Standards exempt facilities 

equipped with a supervised automatic 

sprinkler system from providing areas 

of rescue assistance, and also exempt 

alterations to existing facilities from 

providing an accessible means of egress. 

The IBC exempts buildings equipped with a 

supervised automatic sprinkler system from 

certain technical requirements for areas 

of refuge, and also exempts alterations to 

existing facilities from providing an accessible 

means of egress. 

The 1991 and 2010 Standards require 

signs that provide direction to or information 

about functional spaces to meet certain 

technical requirements. The 2010 Standards, 

at section 216.4, address exit signs. This 

section is consistent with the requirements 

of the IBC. Signs used for means of egress 

are covered by this scoping requirement. 

The requirements in the 2010 Standards 

require tactile signs complying with sections 

703.1, 703.2 and 703.5 at doors at exit 

passageways, exit discharge, and at exit 

stairways. Directional exit signs and signs at 

areas of refuge required by section 216.4.3 

must have visual characters and features 

complying with section 703.5.

Standby Power for Platform Lifts. The 

2010 Standards at section 207.2 require 

standby power to be provided for platform 

lifts that are permitted to serve as part of 

an accessible means of egress by the IBC. 

The IBC permits platform lifts to serve as 

part of an accessible means of egress in 

a limited number of places where platform 

lifts are allowed in new construction. The 

1991 Standards, at 4.1.3 (5) Exception 4 

(a) through (d), and the 2010 Standards, at 

sections 206.7.1 through 206.7.10, similarly 

limit the places where platform lifts are 

allowed in new construction. 

Commenters urged the Department to 

reconsider provisions that would require 

standby power to be provided for platform 

lifts. Concerns were raised that ensuring 

standby power would be too burdensome. 

The Department views this issue as a 

fundamental life safety issue. Lift users face 

the prospect of being trapped on the lift in 

the event of a power failure if standby power 

is not provided. The lack of standby power 

could be life-threatening in situations where 

the power failure is associated with a fire or 

other emergency. The use of a platform lift 

is generally only one of the options available 

to covered entities. Covered entities that 

are concerned about the costs associated 

with maintaining standby power for a lift may 
 

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wish to explore design options that would 

incorporate the use of a ramp.

208 and 502 Parking Spaces

General. Where parking spaces are 

provided, the 1991 Standards, at sections 

4.1.2 (5)(a) and (7) and 7(a), and the 2010 

Standards, at section 208.1, require a 

specified number of the parking spaces to be 

accessible. The 2010 Standards, at section 

208, include an exception that exempts 

parking spaces used exclusively for buses, 

trucks, delivery vehicles, law enforcement 

vehicles, or for purposes of vehicular 

impound, from the scoping requirement for 

parking spaces, provided that when these 

lots are accessed by the public the lot has an 

accessible passenger loading zone. 

The 2010 Standards require accessible 

parking spaces to be identified by signs 

that display the International Symbol of 

Accessibility. Section 216.5, Exceptions 1 

and 2, of the 2010 Standards exempt certain 

accessible parking spaces from this signage 

requirement. The first exception exempts 

sites that have four or fewer parking spaces 

from the signage requirement. Residential 

facilities where parking spaces are assigned 

to specific dwelling units are also exempted 

from the signage requirement.

Commenters stated that the first exception, 

by allowing a small parking lot with four or 

fewer spaces not to post a sign at its one 

accessible space, is problematic because it 

could allow all drivers to park in accessible 

parking spaces. The Department believes 

that this exception provides necessary relief 

for small business entities that may otherwise 

face the prospect of having between 

twenty-five percent (25%) and one hundred 

percent (100%) of their limited parking area 

unavailable to their customers because they 

are reserved for the exclusive use of persons 

whose vehicles display accessible tags or 

parking placards. The 2010 Standards still 

require these businesses to ensure that at 

least one of their available parking spaces is 

designed to be accessible.

A commenter stated that accessible parking 

spaces must be clearly marked. The 

Department notes that section 502.6 of the 

2010 Standards provides that accessible 

parking spaces must be identified by signs 

that include the International Symbol of 

Accessibility. Also, section 502.3.3 of the 

2010 Standards requires that access aisles 

be marked so as to discourage parking in 

them.

Access Aisle. Section 502.3 of the 2010 

Standards requires that an accessible route 

adjoin each access aisle serving accessible 

parking spaces. The accessible route 

connects each access aisle to accessible 

entrances.

Commenters questioned why the 2010 

Standards would permit an accessible 

route used by individuals with disabilities to 

coincide with the path of moving vehicles. 

The Department believes that the 2010 

Standards appropriately recognize that not all 
 

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parking facilities provide separate pedestrian 

routes. Section 502.3 of the 2010 Standards 

provides the flexibility necessary to permit 

designers and others to determine the most 

appropriate location of the accessible route 

to the accessible entrances. If all pedestrians 

using the parking facility are expected to 

share the vehicular lanes, then the ADA 

permits covered entities to use the vehicular 

lanes as part of the accessible route. The 

advisory note in section 502.3 of the 2010 

Standards, however, calls attention to the 

fact that this practice, while permitted, is not 

ideal. Accessible parking spaces must be 

located on the shortest accessible route of 

travel to an accessible entrance. Accessible 

parking spaces and the required accessible 

route should be located where individuals 

with disabilities do not have to cross vehicular 

lanes or pass behind parked vehicles to 

have access to an accessible entrance. 

If it is necessary to cross a vehicular lane 

because, for example, local fire engine 

access requirements prohibit parking 

immediately adjacent to a building, then a 

marked crossing running perpendicular to 

the vehicular route should be included as 

part of the accessible route to an accessible 

entrance.

Van Accessible Parking Spaces. The 

1991 Standards, at sections 4.1.2 (5)

(b), 4.6.3, 4.6.4, and 4.6.5, require one 

in every eight accessible parking spaces 

to be van accessible. Section 208.2.4 of 

the 2010 Standards requires one in every 

six accessible parking spaces to be van 

accessible. 

A commenter asked whether automobiles 

other than vans may park in van accessible 

parking spaces. The 2010 Standards do not 

prohibit automobiles other than vans from 

using van accessible parking spaces. The 

Department does not distinguish between 

vehicles that are actual “vans” versus other 

vehicles such as trucks, station wagons, sport 

utility vehicles, etc. since many vehicles other 

than vans may be used by individuals with 

disabilities to transport mobility devices. 

Commenters’ opinions were divided on this 

point. Facility operators and others asked 

for a reduction in the number of required 

accessible parking spaces, especially the 

number of van accessible parking spaces, 

because they claimed these spaces often 

are not used. Individuals with disabilities, 

however, requested an increase in the 

scoping requirements for these parking 

spaces. 

The Department is aware that a strong 

difference of opinion exists between those 

who use such spaces and those who must 

provide or maintain them. Therefore, the 

Department did not increase the total number 

of accessible spaces required. The only 

change was to increase the proportion of 

spaces that must be accessible to vans and 

other vehicles equipped to transport mobility 

devices. 

Direct Access Entrances from Parking 

Structures. Where levels in a parking 

garage have direct connections for 

pedestrians to another facility, the 1991 
 

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Standards, at section 4.1.3(8)(b)(i), require 

at least one of the direct connections to 

be accessible. The 2010 Standards, at 

section 206.4.2, require all of these direct 

connections to be accessible.

209 and 503 Passenger Loading Zones 

and Bus Stops

Passenger Loading Zones at Medical Care 

and Long-Term Care Facilities. Sections 

6.1 and 6.2 of the 1991 Standards and 

section 209.3 of the 2010 Standards require 

medical care and long-term care facilities, 

where the period of stay exceeds 24 hours, 

to provide at least one accessible passenger 

loading zone at an accessible entrance. The 

1991 Standards also require a canopy or roof 

overhang at this passenger loading zone. 

The 2010 Standards do not require a canopy 

or roof overhang.

Commenters urged the Department to 

reinstate the requirement for a canopy or roof 

overhang at accessible passenger loading 

zones at medical care and long-term care 

facilities. While the Department recognizes 

that a canopy or roof overhang may afford 

useful protection from inclement weather 

conditions to everyone using a facility, it is 

not clear that the absence of such protection 

would impede access by individuals with 

disabilities. Therefore, the Department 

declined to reinstate that requirement.

Passenger Loading Zones. Where 

passenger loading zones are provided, the 

1991 Standards, at sections 4.1.2(5) and 

4.6.6, require at least one passenger loading 

zone to be accessible. Sections 209.2.1 and 

503 of the 2010 Standards, require facilities 

such as airport passenger terminals that have 

long, continuous passenger loading zones 

to provide one accessible passenger loading 

zone in every continuous 100 linear feet of 

loading zone space. The 1991 Standards and 

the 2010 Standards both include technical 

requirements for the vehicle pull-up space 

(96 inches wide minimum and 20 feet long 

minimum). Accessible passenger loading 

zones must have an access aisle that is 60 

inches wide minimum and extends the full 

length of the vehicle pull-up space. The 1991 

Standards permit the access aisle to be on 

the same level as the vehicle pull-up space, 

or on the sidewalk. The 2010 Standards 

require the access aisle to be on the same 

level as the vehicle pull-up space and to be 

marked so as to discourage parking in the 

access aisle.

Commenters expressed concern that certain 

covered entities, particularly airports, cannot 

accommodate the requirements of the 2010 

Standards to provide passenger loading 

zones, and urged a revision that would 

require one accessible passenger loading 

zone located in reasonable proximity to each 

building entrance served by the curb. 

Commenters raised a variety of issues about 

the requirements at section 503 of the 2010 

Standards stating that the requirements for 

an access aisle, width, length, and marking 

of passenger loading zones are not clear, 

do not fully meet the needs of individuals 
 

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with disabilities, may run afoul of state or 

local requirements, or may not be needed 

because many passenger loading zones are 

typically staffed by doormen or valet parkers. 

The wide range of opinions expressed in 

these comments indicates that this provision 

is controversial. However, none of these 

comments provided sufficient data to enable 

the Department to determine that the 

requirement is not appropriate. 

Valet Parking and Mechanical Access 

Parking Garages. The 1991 Standards, at 

sections 4.1.2(5)(a) and (e), and sections 

208.2, 209.4, and 209.5 of the 2010 

Standards require parking facilities that 

provide valet parking services to have an 

accessible passenger loading zone. The 

2010 Standards extend this requirement to 

mechanical access parking garages. The 

1991 Standards contained an exception 

that exempted valet parking facilities from 

providing accessible parking spaces. The 

2010 Standards eliminate this exception. The 

reason for not retaining the provision is that 

valet parking is a service, not a facility type. 

Commenters questioned why the exception 

for valet parking facilities from providing 

accessible parking spaces was eliminated. 

The provision was eliminated because valet 

parkers may not have the skills necessary 

to drive a vehicle that is equipped to be 

accessible, including use of hand controls, or 

when a seat is not present to accommodate 

a driver using a wheelchair. In that case, 

permitting the individual with a disability 

to self-park may be a required reasonable 

modification of policy by a covered entity.

210 and 504 Stairways

The 1991 Standards require stairs to be 

accessible only when they provide access to 

floor levels not otherwise connected by an 

accessible route (e.g., where the accessible 

route is provided by an elevator, lift, or ramp). 

The 2010 Standards, at sections 210.1 and 

504, require all newly constructed stairs that 

are part of a means of egress to comply 

with the requirements for accessible stairs, 

which include requirements for accessible 

treads, risers, and handrails. In existing 

facilities, where floor levels are connected 

by an accessible route, only the handrail 

requirement will apply when the stairs are 

altered. Exception 2 to section 210.1 of 

the 2010 Standards permits altered stairs 

to not comply with the requirements for 

accessible treads and risers where there is 

an accessible route between floors served by 

the stairs. 

Most commenters were in favor of this 

requirement for handrails in alterations and 

stated that adding handrails to stairs during 

alterations would be feasible and not costly 

while providing important safety benefits. 

The Department believes that it strikes 

an appropriate balance by focusing the 

expanded requirements on new construction. 

The 2010 Standards apply to stairs which 

are part of a required means of egress. Few 

stairways are not part of a means of egress. 

The 2010 Standards are consistent with 
 

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most building codes which do not exempt 

stairways when the route is also served by a 

ramp or elevator. 

211 and 602 Drinking Fountains

Sections 4.1.3(10) and 4.15 of the 1991 

Standards and sections 211 and 602 of the 

2010 Standards require drinking fountains to 

be provided for persons who use wheelchairs 

and for others who stand. The 1991 

Standards require wall and post-mounted 

cantilevered drinking fountains mounted 

at a height for wheelchair users to provide 

clear floor space for a forward approach with 

knee and toe clearance and free standing 

or built-in drinking fountains to provide clear 

floor space for a parallel approach. The 

2010 Standards require drinking fountains 

mounted at a height for wheelchair users 

to provide clear floor space for a forward 

approach with knee and toe clearance, 

and include an exception for a parallel 

approach for drinking fountains installed at a 

height to accommodate very small children. 

The 2010 Standards also include a technical 

requirement for drinking fountains for 

standing persons. 

212 and 606 Kitchens, Kitchenettes, 

Lavatories, and Sinks

The 1991 Standards, at sections 4.24, and 

9.2.2(7), contain technical requirements 

for sinks and only have specific scoping 

requirements for sinks in transient lodging. 

Section 212.3 of the 2010 Standards 

requires at least five percent (5%) of sinks 

in each accessible space to comply with 

the technical requirements for sinks. The 

technical requirements address clear floor 

space, height, faucets, and exposed pipes 

and surfaces. The 1991 Standards, at section 

4.24, and the 2010 Standards, at section 606, 

both require the clear floor space at sinks 

to be positioned for a forward approach and 

knee and toe clearance to be provided under 

the sink. The 1991 Standards, at section 

9.2.2(7), allow the clear floor space at kitchen 

sinks and wet bars in transient lodging guest 

rooms with mobility features to be positioned 

for either a forward approach with knee and 

toe clearance or for a parallel approach. 

The 2010 Standards include an exception 

that permits the clear floor space to be 

positioned for a parallel approach at kitchen 

sinks in any space where a cook top or 

conventional range is not provided, and at a 

wet bar. 

A commenter stated that it is unclear what 

the difference is between a sink and a 

lavatory, and that this is complicated by 

requirements that apply to sinks (five percent 

(5%) accessible) and lavatories (at least one 

accessible). The term “lavatory” generally 

refers to the specific type of plumbing fixture 

required for hand washing in toilet and 

bathing facilities. The more generic term 

“sink” applies to all other types of sinks 

located in covered facilities. 

A commenter recommended that the 

mounting height of sinks and lavatories 
 

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should take into consideration the increased 

use of three-wheeled scooters and some 

larger wheelchairs. The Department is aware 

that the use of three-wheeled scooters and 

larger wheelchairs may be increasing and 

that some of these devices may require 

changes in space requirements in the future. 

The Access Board is funding research to 

obtain data that may be used to develop 

design guidelines that provide access to 

individuals using these mobility devices.

213, 603, 604, and 608 Toilet and Bathing 

Facilities, Rooms, and Compartments

General. Where toilet facilities and bathing 

facilities are provided, they must comply with 

section 213 of the 2010 Standards. 

 

A commenter recommended that all 

accessible toilet facilities, toilet rooms, and 

compartments should be required to have 

signage indicating that such spaces are 

restricted solely for the use of individuals 

with disabilities. The Department believes 

that it is neither necessary nor appropriate to 

restrict the use of accessible toilet facilities. 

Like many other facilities designed to be 

accessible, accessible toilet facilities can and 

do serve a wide range of individuals with and 

without disabilities. 

A commenter recommended that more than 

one wheelchair accessible compartment be 

provided in toilet rooms serving airports and 

train stations because these compartments 

are likely to be occupied by individuals with 

luggage and persons with disabilities often 

take longer to use them. The Access Board 

is examining airport terminal accessibility 

as part of an ongoing effort to facilitate 

accessibility and promote effective design. 

As part of these efforts, the Access Board will 

examine requirements for accessible toilet 

compartments in larger airport restrooms. 

The Department declines to change the 

scoping for accessible toilet compartments at 

this time.

Ambulatory Accessible Toilet 

Compartments. Section 213.3.1 of the 2010 

Standards requires multi-user men’s toilet 

rooms, where the total of toilet compartments 

and urinals is six or more, to contain at least 

one ambulatory accessible compartment. 

The 1991 Standards count only toilet stalls 

(compartments) for this purpose. The 2010 

Standards establish parity between multiuser women’s toilet rooms and multi-user 

men’s toilet rooms with respect to ambulatory 

accessible toilet compartments.

Urinals. Men’s toilet rooms with only one 

urinal will no longer be required to provide an 

accessible urinal under the 2010 Standards. 

Such toilet rooms will still be required to 

provide an accessible toilet compartment. 

Commenters urged that the exception be 

eliminated. The Department believes that 

this change will provide flexibility to many 

small businesses and it does not alter the 

requirement that all common use restrooms 

must be accessible. 

Multiple Single-User Toilet Rooms. Where 

multiple single-user toilet rooms are clustered 

in a single location, fifty percent (50%), 
 

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rather than the one hundred percent (100%) 

required by the 1991 Standards, are required 

to be accessible by section 213.2, Exception 

4 of the 2010 Standards. Section 216.8 of 

the 2010 Standards requires that accessible 

single-user toilet rooms must be identified 

by the International Symbol of Accessibility 

where all single-user toilet rooms are not 

accessible.

Hospital Patient Toilet Rooms. An 

exception was added in section 223.1 of the 

2010 Standards to allow toilet rooms that 

are part of critical or intensive care patient 

sleeping rooms to no longer be required to 

provide mobility features.

Water Closet Location and Rear Grab 

Bar. Section 604.2 of the 2010 Standards 

allows greater flexibility for the placement 

of the centerline of wheelchair accessible 

and ambulatory accessible water closets. 

Section 604.5.2, Exception 1 permits a 

shorter grab bar on the rear wall where there 

is not enough wall space due to special 

circumstances (e.g., when a lavatory or 

other recessed fixture is located next to 

the water closet and the wall behind the 

lavatory is recessed so that the lavatory does 

not overlap the required clear floor space 

at the water closet). The 1991 Standards 

contain no exception for grab bar length, 

and require the water closet centerline to be 

exactly 18 inches from the side wall, while 

the 2010 Standards requirement allows the 

centerline to be between 16 and 18 inches 

from the side wall in wheelchair accessible 

toilet compartments and 17 to 19 inches in 

ambulatory accessible toilet compartments.

Water Closet Clearance. Section 604.3 of 

the 2010 Standards represents a change 

in the accessibility requirements where a 

lavatory is installed adjacent to the water 

closet. The 1991 Standards allow the 

nearest side of a lavatory to be placed 

18 inches minimum from the water closet 

centerline and 36 inches minimum from 

the side wall adjacent to the water closet. 

However, locating the lavatory so close to 

the water closet prohibits many individuals 

with disabilities from using a side transfer. 

To allow greater transfer options, including 

side transfers, the 2010 Standards prohibit 

lavatories from overlapping the clear floor 

space at water closets, except in covered 

residential dwelling units. 

A majority of commenters, including persons 

who use wheelchairs, strongly agreed with 

the requirement to provide enough space for 

a side transfer. These commenters believed 

that the requirement will increase the usability 

of accessible single-user toilet rooms by 

making side transfers possible for many 

individuals who use wheelchairs and would 

have been unable to transfer to a water 

closet using a side transfer even if the water 

closet complied with the 1991 Standards. In 

addition, many commenters noted that the 

additional clear floor space at the side of the 

water closet is also critical for those providing 

assistance with transfers and personal care 

for persons with disabilities. Numerous 

comments noted that this requirement is 
 

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already included in other model accessibility 

standards and many state and local building 

codes and its adoption in the 2010 Standards 

is a important part of harmonization efforts. 

The Department agrees that the provision 

of enough clear floor space to permit side 

transfers at water closets is an important 

feature that must be provided to ensure 

access for persons with disabilities in 

toilet and bathing facilities. Furthermore, 

the adoption of this requirement closely 

harmonizes with the model codes and many 

state and local building codes.

Other commenters urged the Department not 

to adopt section 604.3 of the 2010 Standards 

claiming that it will require single-user 

toilet rooms to be two feet wider than the 

1991 Standards require, and this additional 

requirement will be difficult to meet. Multiple 

commentators also expressed concern that 

the size of single-user toilet rooms would 

be increased but they did not specify how 

much larger such toilet rooms would have to 

be in their estimation. In response to these 

concerns, the Department developed a 

series of single-user toilet room floor plans 

demonstrating that the total square footage 

between representative layouts complying 

with the 1991 Standards and the 2010 

Standards are comparable. The Department 

believes the floor plan comparisons clearly 

show that size differences between the two 

Standards are not substantial and several of 

the 2010 Standards-compliant plans do not 

require additional square footage compared 

to the 1991 Standards plans. These singleuser toilet room floor plans are shown below. 

Several commenters concluded that 

alterations of single-user toilet rooms 

should be exempt from the requirements 

of section 604.3 of the 2010 Standards 

because of the significant reconfiguration and 

reconstruction that would be required, such 

as moving plumbing fixtures, walls, and/or 

doors at significant additional expense. The 

Department disagrees with this conclusion 

since it fails to take into account several 

key points. The 2010 Standards contain 

provisions for in-swinging doors, 603.2.3, 

Exception 2, and recessed fixtures adjacent 

to water closets, 604.5.2, Exception 1. These 

provisions give flexibility to create more 

compact room designs and maintain required 

clearances around fixtures. As with the 1991 

Standards, any alterations must comply to 

the extent that it is technically feasible to do 

so.

The requirements at section 604.3.2 of 

the 2010 Standards specify how required 

clearance around the water closet can 

overlap with specific elements and spaces. 

An exception that applies only to covered 

residential dwelling units permits a lavatory 

to be located no closer than 18 inches 

from the centerline of the water closet. 

The requirements at section 604.3.2 of the 

2010 Standards increase accessibility for 

individuals with disabilities. One commenter 

expressed concern about other items that 

might overlap the clear floor space, such as 

dispensers, shelves, and coat hooks on the 

side of the water closet where a wheelchair 

would be positioned for a transfer. Section 

604.3.2 of the 2010 Standards allows items 
 

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such as associated grab bars, dispensers, 

sanitary napkin disposal units, coat hooks, 

and shelves to overlap the clear floor space. 

These are items that typically do not affect 

the usability of the clear floor space.

Toilet Room Doors. Sections 4.22.2 and 

4.22.3 of the 1991 Standards and Section 

603.2.3 of the 2010 Standards permit the 

doors of all toilet or bathing rooms with inswinging doors to swing into the required 

turning space, but not into the clear floor 

space required at any fixture. In singleuser toilet rooms or bathing rooms, Section 

603.2.3 Exception 2 of the 2010 Standards 

permits the door to swing into the clear floor 

space of an accessible fixture if a clear floor 

space that measures at least 30 inches by 48 

inches is provided outside of the door swing.

Several commenters expressed reservations 

about Exception 2 of Section 603.2.3. 

Concerns were raised that permitting 

doors of single-user toilet or bathing rooms 

with in-swinging doors to swing into the 

clearance around any fixture will result in 

inaccessibility to individuals using larger 

wheelchairs and scooters. Additionally, a 

commenter stated that the exception would 

require an unacceptable amount of precision 

maneuvering by individuals who use standard 

size wheelchairs. The Department believes 

that this provision achieves necessary 

flexibility while providing a minimum standard 

for maneuvering space. The standard does 

permit additional maneuvering space to be 

provided, if needed. 

In the NPRM, the Department provided 

a series of plan drawings illustrating 

comparisons of the minimum size singleuser toilet rooms. These floor plans 

showed typical examples that met the 

minimum requirements of the proposed 

ADA Standards. A commenter was of the 

opinion that the single-user toilet plans 

shown in the NPRM demonstrated that 

the new requirements will not result in a 

substantial increase in room size. Several 

other commenters representing industry 

offered criticisms of the single-user toilet 

floor plans to support their assertion that a 

2010 Standards-compliant single-user toilet 

room will never be smaller and will likely 

be larger than such a toilet room required 

under the 1991 Standards. Commenters 

also asserted that the floor plans prepared 

by the Department were of a very basic 

design which could be accommodated in 

a minimal sized space whereas the types 

of facilities their customers demand would 

require additional space to be added to 

the rooms shown in the floor plans. The 

Department recognizes that there are many 

design choices that can affect the size of a 

room or space. Choices to install additional 

features may result in more space being 

needed to provide sufficient clear floor 

space for that additional feature to comply. 

However, many facilities that have these 

extra features also tend to have ample space 

to meet accessibility requirements. Other 

commenters asserted that public singleuser toilet rooms always include a closer 

and a latch on the entry door, requiring a 

larger clear floor space than shown on the 
 

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push side of the door shown in Plan 1B. The 

Department acknowledges that in instances 

where a latch is provided and a closer is 

required by other regulations or codes, the 

minimum size of a room with an out-swinging 

door may be slightly larger than as shown in 

Plan 1C.

Additional floor plans of single-user toilet 

rooms are now included in further response 

to the commentary received. 
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 97

1991 Standards 2010 Standards

Comparison of Single-User Toilet Room Layouts

This plan shows a typical example of a single-user 

toilet room that meets the minimum requirements 

of the 1991 Standards. The size of this space is 

determined by the minimum width required for the 

water closet and lavatory between the side walls, the 

minimum wheelchair turning space, and the space 

required for the out-swinging door. A lavatory with knee 

space can overlap the clear floor space required for 

the water closet provided that at least 36 inches of 

clearance is maintained between the side wall next to 

the water closet and the lavatory (see section 4.16.2 

and Fig. 28 of the 1991 Standards). A wheelchair 

turning space meeting section 4.2.3 of the 1991 

Standards must be provided. The size of this room 

requires that the entry door swing out. The room would 

be larger if the door were in-swinging.

Plan-1B: 2010 Standards Minimum with 

Out-Swinging Door

7’-0” x 5’-0” • 35.00 Square Feet

This plan shows a typical example of a single-user 

toilet room that meets the minimum requirements 

of the 2010 Standards. Features include: five-foot 

minimum width between the side wall of the water 

closet and the lavatory; 60-inch minimum circular 

wheelchair turning space; and 36-inch by 48-inch 

clear maneuvering space for the out-swinging entry 

door. Section 604.3.1 of the 2010 Standards requires 

a floor clearance at a water closet that is a minimum 

of 60 inches wide by 56 inches deep regardless 

of approach. Section 604.3.2 prohibits any other 

plumbing fixtures from being located in this clear 

space, except in residential dwelling units. The 2010 

Standards, at section 304.3, allows the turning space 

to extend into toe and knee space provided beneath 

fixtures and other elements. Required maneuvering 

space for the entry door (inside the room) must be 

clear of all fixtures. If the door had both a closer 

and latch, section 404.2.4.1 and Figure 404.2.4.1(c) 

require additional space on the latch side.

This layout is three point five percent (3.5%) smaller 

than the accompanying Plan-1A: 1991 Standards 

Minimum with Out-Swinging Door example. 

Plan-1A: 1991 Standards Minimum with 

Out-Swinging Door

5’-0” x 7’-3” • 36.25 Square Feet
 

98 - Guidance on the 2010 Standards: Titles II and III Department of Justice

2010 Standards

Comparison of Single-User Toilet Room Layouts

Plan-1C: 2010 Standards Minimum with 

Out-Swinging Door

(entry door has both closer and latch)

7’-0” x 5’-6” • 38.50 Square Feet

This plan shows the same typical features of a singleuser toilet room that meets the minimum requirements 

of the 2010 Standards as Plan-1B does except the 

entry door has both a closer and latch. Because the 

door has both a closer and latch, a minimum additional 

foot of maneuvering space is required on the latch side 

(see section 404.2.4.1 and Figure 404.2.4.1(c) of the 

2010 Standards). 

This layout is six point two percent (6.2%) larger than 

the accompanying Plan-1A: 1991 Standards Minimum 

with Out-Swinging Door example.
 

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Plan-2B: 2010 Standards Minimum 

with In-Swinging Door

7’-0” x 6’-6” • 45.50 Square Feet

This plan shows a typical example of a single-user 

toilet room that meets the minimum requirements of 

the 2010 Standards when the entry door swings into 

the room. In the 2010 Standards an exception allows 

the entry door to swing over the clear floor spaces and 

clearances required at the fixtures if a clear floor space 

complying with section 305.3 (minimum 

30 inches by 48 inches) is provided outside the arc 

of the door swing, section 603.3.3 exception 2. The 

required maneuvering space for the door, section 

404.2.4.1 and Figure 404.2.4.1(a), also is a factor in 

room size. This clear space cannot be obstructed by 

the plumbing fixtures. Note that this layout provides 

more space for turning when the door is closed than 

Plan-1B.

This layout is seven percent (7%) larger than the 

accompanying Plan-2A: 1991 Standards Minimum with 

In-Swinging Door example.

Plan-2A: 1991 Standards Minimum 

with In-Swinging Door

5’-0” x 8’-6” • 42.50 Square Feet

This plan shows a typical example of a single-user 

toilet room that meets the minimum requirements 

of the 1991 Standards. Depending on the width of 

the hallway and other circulation issues, it can be 

preferable to swing the entry door into the toilet room. 

Businesses and public entities typically prefer to have 

an in-swinging door. The in-swinging door increases 

overall room size because it cannot swing over the 

required clear floor space at any accessible fixture, 

(see section 4.22.2 of the 1991 Standards). This 

increases the room depth from Plan-1A. The door is 

permitted to swing over the required turning space 

shown as a 60-inch circle.

Comparison of Single-User Toilet Room Layouts

1991 Standards 2010 Standards
 

100 - Guidance on the 2010 Standards: Titles II and III Department of Justice

Comparison of Single-User Toilet Room Layouts

2010 Standards

Plan-2C: 2010 Standards Minimum 

with In-Swinging Door

7’-0” x 6’-6” • 40.00 Square Feet 

(plumbing chase not included)

This plan shows the same typical features of a singleuser toilet room that meets the minimum requirements 

of the 2010 Standards as Plan-2B when the entry 

door swings into the room. Note that this layout also 

provides more space for turning when the door is 

closed than Plan-1B.

This layout is six point two five percent (6.25%) 

smaller than the accompanying Plan-2A: 1991 

Standards Minimum with In-Swinging Door example.
 

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1991 Standards and 2010 Standards

Plan-3: Meets Both 1991 Standards 

and 2010 Standards

7’-0” x 5’-9” • 40.25 Square Feet

This plan shows an example of a single-user toilet 

room that meets the minimum requirements of both 

the 1991 Standards and 2010 Standards. A T-shaped 

turning space has been used (see Fig. 3(a) of the 

1991 Standards and Figure 304.3.2 of the 2010 

Standards) to maintain a compact room size. An outswinging door also minimizes the overall layout depth 

and cannot swing over the required clear floor space 

or clearance at any accessible plumbing fixture.

This layout is eleven percent (11%) larger than the 

Plan-1A: 1991 Standards Minimum with Out-Swinging 

Door example shown at the beginning of these plan 

comparisons.

Comparison of Single-User Toilet Room Layouts
 

102 - Guidance on the 2010 Standards: Titles II and III Department of Justice

Comparison of Single-User Toilet Room “Pairs” With Fixtures Side-by-Side

Plan-1A Pair: 1991 Standards with OutSwinging Doors

Two 5’-0” x 7’-3” Rooms – 

72.50 Square Feet Total

Plan-1B Pair: 2010 Standards with

Out-Swinging Doors

Two 7’-0” x 5’-0” Rooms – 

70.00 Square Feet Total

1991 Standards 2010 Standards

These plans show men’s/women’s room configurations using Plans 1A and 1B.
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 103

Plan-2C Pair: 2010 Standards with

In-Swinging Doors

Two 7’-2” x 6’-6” Rooms -

82.00 Square Feet Total

Comparison of Single-User Toilet Room “Pairs” With Fixtures Side-by-Side

2010 Standards

This plan shows a men’s/women’s room 

configuration using Plan 2C.
 

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Shower Spray Controls. In accessible 

bathtubs and shower compartments, sections 

607.6 and 608.6 of the 2010 Standards 

require shower spray controls to have an 

on/off control and to deliver water that is 

120°F (49°C) maximum. Neither feature was 

required by the 1991 Standards, but may 

be required by plumbing codes. Delivering 

water that is no hotter than 120°F (49°C) will 

require controlling the maximum temperature 

at each accessible shower spray unit.

Shower Compartments. The 1991 

Standards at sections 4.21 and 9.1.2 and 

the 2010 Standards at section 608 contain 

technical requirements for transfer-type 

and roll-in shower compartments. The 2010 

Standards provide more flexibility than the 

1991 Standards as follows:

• Transfer-type showers are exactly 36 

inches wide by 36 inches long.

• The 1991 Standards and the 2010 Standards permit a 1⁄2-inch maximum curb in 

transfer-type showers. The 2010 Standards add a new exception that permits 

a 2-inch maximum curb in transfer-type 

showers in alterations to existing facilities, where recessing the compartment 

to achieve a 1⁄2-inch curb will disturb the 

structural reinforcement of the floor slab. 

• Roll-in showers are 30 inches wide minimum by 60 inches long minimum. Alternate roll-in showers are 36 inches wide 

by 60 inches long minimum, and have a 

36-inch minimum wide opening on the 

Toilet Paper Dispensers. The provisions 

for toilet paper dispensers at section 604.7 of 

the 2010 Standards require the dispenser to 

be located seven inches minimum and nine 

inches maximum in front of the water closet 

measured to the centerline of the dispenser.

The paper outlet of the dispenser must be 

located 15 inches minimum and 48 inches 

maximum above the finish floor. In the 1991 

Standards the location of the toilet paper 

dispenser is determined by the centerline 

and forward edge of the dispenser. In the 

2010 Standards the mounting location of the 

toilet paper dispenser is determined by the 

centerline of the dispenser and the location 

of the outlet for the toilet paper.

One commenter discussed the difficulty 

of using large roll toilet paper dispensers 

and dispensers with two standard size rolls 

stacked on top of each other. The size of 

the large dispensers can block access to 

the grab bar and the outlet for the toilet 

paper can be too low or too high to be 

usable. Some dispensers also control the 

delivery of the toilet paper which can make 

it impossible to get the toilet paper. Toilet 

paper dispensers that control delivery or 

do not allow continuous paper flow are not 

permitted by the 1991 Standards or the 2010 

Standards. Also, many of the large roll toilet 

paper dispensers do not comply with the 

2010 Standards since their large size does 

not allow them to be mounted 12 inches 

above or 1 1⁄2 inches below the side grab bar 

as required by section 609.3.
 

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long side of the compartment. The 1991 

Standards require alternate roll-in showers in a portion of accessible transient 

lodging guest rooms, but provision of this 

shower type in other facilities is generally permitted as an equivalent facilitation. The 1991 Standards require a seat 

to be provided adjacent to the opening; 

and require the controls to be located on 

the side adjacent to the seat. The 2010 

Standards permit alternate roll-in showers 

to be used in any facility, only require a 

seat in transient lodging guest rooms, and 

allow location of controls on the back wall 

opposite the seat as an alternative. 

Commenters raised concerns that adding 

a new exception that permits a 2-inch 

maximum curb in transfer-type showers 

in alterations to existing facilities, where 

recessing the compartment to achieve 

a 1⁄2-inch curb will disturb the structural 

reinforcement of the floor slab, will impair the 

ability of individuals with disabilities to use 

transfer-type showers.

The exception in section 608.7 of the 2010 

Standards permitting a 2-inch maximum curb 

in transfer-type showers is allowed only in 

existing facilities where provision of a 1⁄2-inch 

high threshold would disturb the structural 

reinforcement of the floor slab. Whenever this 

exception is used the least high threshold 

that can be used should be provided, up to a 

maximum height of 2 inches. This exception 

is intended to provide some flexibility 

where the existing structure precludes full 

compliance.

Toilet and Bathing Rooms. Section 213 

of the 2010 Standards sets out the scoping 

requirements for toilet and bathing rooms. 

Commenters recommended that section 213, 

Toilet Facilities and Bathing Facilities, of the 

2010 Standards include requirements that 

unisex toilet and bathing rooms be provided 

in certain facilities. These commenters 

suggested that unisex toilet and bathing 

rooms are most useful as companion care 

facilities. 

Model plumbing and building codes require 

single-user (unisex or family) toilet facilities 

in certain occupancies, primarily assembly 

facilities, covered malls, and transportation 

facilities. These types of toilet rooms provide 

flexibility for persons needing privacy so 

that they can obtain assistance from family 

members or persons of the opposite sex. 

When these facilities are provided, both the 

1991 Standards and 2010 Standards require 

that they be accessible. The 2010 Standards 

do not scope unisex toilet facilities because 

plumbing codes generally determine the 

number and type of plumbing fixtures to 

be provided in a particular occupancy and 

often determine whether an occupancy must 

provide separate sex facilities in addition to 

single-user facilities. However, the scoping 

at section 213.2.1 of the 2010 Standards 

coordinates with model plumbing and building 

code requirements which will permit a small 

toilet room with two water closets or one 

water closet and one urinal to be considered 

a single-user toilet room provided that the 

room has a privacy latch. In this way, a 
 

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person needing assistance from a person of 

the opposite sex can lock the door to use the 

facility while temporarily inconveniencing only 

one other potential user. These provisions 

strike a reasonable balance and impose less 

impact on covered entities.

A commenter recommended that in shower 

compartments rectangular seats as provided 

in section 610.3.1 of the 2010 Standards 

should not be permitted as a substitute for 

L-shaped seats as provided in 610.3.2. 

The 2010 Standards do not indicate a 

preference for either rectangular or L-shaped 

seats in shower compartments. L-shaped 

seats in transfer and certain roll-in showers 

have been used for many years to provide 

users with poor balance additional support 

because they can position themselves in the 

corner while showering. 

214 and 611 Washing Machines and 

Clothes Dryers 

Sections 214.2 (washing machines) and 

214.3 (clothes dryers) of the 2010 Standards 

specify the number of each type of these 

machines required to be accessible (one 

to two depending upon the total number of 

machines provided) and section 611 specifies 

the technical requirements. An exception will 

permit the maximum height for the tops of 

these machines to be 2 inches higher than 

the general requirement for maximum high 

reach over an obstruction.

A commenter objected to the scoping 

provision for accessible washing machines 

and clothes dryers stating that the probability 

is low that more than one accessible machine 

would be needed at the same time in the 

laundry facility of a place of transient lodging. 

The scoping in this provision is based on the 

relative size of the facility. The Department 

assumes that the size of the facility (and, 

therefore, the number of accessible machines 

provided) will be determined by the covered 

entity’s assessment of the demand for 

laundry facilities. The Department declines 

to assume that persons with disabilities 

will have less use for accessible facilities 

in transient lodging than in other public 

accommodations. 

216 and 703 Signs

The following types of signs, though they 

are not specifically subject to the 1991 

Standards requirement for signs, will now 

be explicitly exempted by sections 216 and 

703 of the 2010 Standards. These types of 

signs include: seat and row designations in 

assembly areas; occupant names, building 

addresses; company names and logos; signs 

in parking facilities (except those identifying 

accessible parking spaces and means 

of egress); and exterior signs identifying 

permanent rooms and spaces that are not 

located at the door to the space they serve. 

This requirement also clarifies that the 

exception for temporary signs applies to 

signs used for seven days or less. 
 

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The 2010 Standards retain the option to 

provide one sign where both visual and tactile 

characters are provided or two signs, one 

with visual, and one with tactile characters. 

217 and 704 Telephones

Drive-up Public Telephones. Where public 

telephones are provided, the 1991 Standards, 

at section 4.1.3(17)(a), and section 217.2 of 

the 2010 Standards, require a certain number 

of telephones to be wheelchair accessible. 

The 2010 Standards add a new exception 

that exempts drive-up public telephones.

Text Telephones (TTY). Section 4.1.3(17) 

of the 1991 Standards requires a public TTY 

to be provided if there are four or more public 

pay telephones at a site and at least one is 

in an interior location. Section 217.4.2 of the 

2010 Standards requires that a building or 

facility provide a public TTY on each floor that 

has four or more public telephones, and in 

each telephone bank that has four or more 

telephones. Additionally, section 217.4.4 of 

the 2010 Standards requires that at least 

one public TTY be installed where four or 

more public pay telephones are provided 

on an exterior site. Section 217.4.5 of the 

2010 Standards also requires that a public 

TTY be provided where at least one public 

pay telephone is provided at a public rest 

stop, emergency roadside stop, or service 

plaza. Section 217.4.6 of the 2010 Standards 

also requires that a public TTY be provided 

at each location where at least one public 

pay telephone is provided serving a hospital 

emergency room, a hospital recovery room, 

or a hospital waiting room. Section 217.4.7 

of the 2010 Standards also requires that, 

in addition to the requirements for a public 

TTY to be provided at each location where 

at least four or more public pay telephones 

are provided at a bank of pay telephones 

and where at least one public pay telephone 

is provided on a floor or in a public building, 

where at least one public pay telephone 

serves a particular entrance to a bus or 

rail facility at least one public TTY must 

serve that entrance. In airports, in addition 

to the requirements for the provision of a 

public TTY at phone banks, on floors, and 

in public buildings with pay phones, where 

four or more public pay phones are located 

in a terminal outside the security areas, in 

a concourse within the security areas, or a 

baggage claim area in a terminal at least one 

public TTY must be provided. Section 217.4.8 

of the 2010 Standards also requires that a 

TTY be provided in at least one secured area 

where at least one pay telephone is provided 

in a secured area used only by detainees or 

inmates and security personnel in detention 

and correctional facilities. 

Wheelchair Accessible Telephones 

Section 217.2 of the 2010 Standards requires 

that where public telephones are provided 

wheelchair accessible telephones complying 

with section 704.2 must be provided in 

accordance with Table 217.2. 
 

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A commenter stated that requiring installation 

of telephones within the proposed reach 

range requirements would adversely 

impact public and telephone owners and 

operators. According to the commenter, 

individuals without disabilities will not use 

telephones that are installed within the reach 

range requirements because they may be 

inconvenienced by having to stoop to operate 

these telephones, and, therefore, owners and 

operators will lose revenue due to less use of 

public telephones.

This comment misunderstands the scoping 

requirements for wheelchair accessible 

telephones. Section 217.2 of the 2010 

Standards provides that where one or more 

single units are provided, only one unit per 

floor, level, or exterior site is required to be 

wheelchair accessible. However, where 

banks of telephones are provided, only one 

telephone in each bank is required to be 

wheelchair accessible. The Department 

believes these scoping requirements for 

wheelchair accessible telephones are 

reasonable and will not result in burdensome 

obligations or lost revenue for owners and 

operators. 

218 and 810 Transportation Facilities 

Detectable Warnings. Detectable warnings 

provide a distinctively textured surface of 

truncated domes. The 1991 Standards at 

sections 4.1.3(15), 4.7.7, 4.29.2, 4.29.5, 

4.29.6, and 10.3.1(8) require detectable 

warnings at curb ramps, hazardous vehicular 

areas, reflecting pools, and transit platform 

edges. The 2010 Standards at sections 

218, 810.5, 705.1, and 705.2 only require 

detectable warnings at transit platform edges. 

The technical specifications for the diameter 

and spacing of the truncated domes have 

also been changed. The 2010 Standards 

also delete the requirement for the material 

used to contrast in resiliency or sound-oncane contact from adjoining walking surfaces 

at interior locations.

The 2010 Standards apply to detectable 

warnings on developed sites. They do not 

apply to the public right-of-way. Scoping 

for detectable warnings at all locations 

other than transit platform edges has 

been eliminated from the 2010 Standards. 

However, because detectable warnings 

have been shown to significantly benefit 

individuals with disabilities at transit platform 

edges, the 2010 Standards provide scoping 

and technical requirements for detectable 

warnings at transit platform edges. 

219 and 706 Assistive Listening Systems

Signs. Section 216.10 of the 2010 

Standards requires each covered assembly 

area to provide signs at each auditorium 

to inform patrons that assistive listening 

systems are available. However, an exception 

to this requirement permits assembly areas 

that have ticket offices or ticket windows 

to display the required signs at the ticket 

window.
 

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A commenter recommended eliminating the 

exception at 216.10 because, for example, 

people who buy tickets through the mail, by 

subscription, or on-line may not need to stop 

at a ticket office or window upon arrival at the 

assembly area. The Department believes that 

an individual’s decision to purchase tickets 

before arriving at a performance does not 

limit the discretion of the assembly operator 

to use the ticket window to provide other 

services to its patrons. The Department 

retained the exception at 216.10 to permit the 

venue operator some flexibility in determining 

how to meet the needs of its patrons.

Audible Communication. The 1991 

Standards, at section 4.1.3(19)(b), 

require assembly areas, where audible 

communication is integral to the use of the 

space, to provide an assistive listening 

system if they have an audio amplification 

system or an occupant load of 50 or 

more people and have fixed seating. The 

2010 Standards at section 219 require 

assistive listening systems in spaces where 

communication is integral to the space 

and audio amplification is provided and in 

courtrooms.

The 1991 Standards require receivers to 

be provided for at least four percent (4%) 

of the total number of fixed seats. The 2010 

Standards, at section 219.3, revise the 

percentage of receivers required according 

to a table that correlates the required number 

of receivers to the seating capacity of the 

facility. Small facilities will continue to provide 

receivers for four percent (4%) of the seats. 

The required percentage declines as the size 

of the facility increases. The changes also 

require at least twenty-five percent (25%), 

but no fewer than two, of the receivers to 

be hearing-aid compatible. Assembly areas 

served by an induction loop assistive listening 

system will not have to provide hearing-aid 

compatible receivers.

Commenters were divided in their 

opinion of this change. The Department 

believes that the reduction in the required 

number of assistive listening systems 

for larger assembly areas will meet the 

needs of individuals with disabilities. The 

new requirement to provide hearing-aid 

compatible receivers should make assistive 

listening systems more usable for people who 

have been underserved until now.

 

Concerns were raised that the requirement 

to provide assistive listening systems may 

have an adverse impact on restaurants. 

This comment misunderstands the scope of 

coverage. The 2010 Standards define the 

term “assembly area” to include facilities 

used for entertainment, educational, or civic 

gatherings. A restaurant would fall within this 

category only if it is presenting programs to 

educate or entertain diners, and it provides 

an audio amplification system. 

Same Management or Building. The 2010 

Standards add a new exception that allows 

multiple assembly areas that are in the same 

building and under the same management, 

such as theaters in a multiplex cinema 

and lecture halls in a college building, to 
 

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calculate the number of receivers required 

based on the total number of seats in all the 

assembly areas, instead of each assembly 

area separately, where the receivers are 

compatible with the assistive listening 

systems used in each of the assembly areas.

Mono Jacks, Sound Pressure, Etc. 

Section 4.33.7 of the 1991 Standards does 

not contain specific technical requirements 

for assistive listening systems. The 2010 

Standards at section 706 require assistive 

listening systems to have standard mono 

jacks and will require hearing-aid compatible 

receivers to have neck loops to interface with 

telecoils in hearing aids. The 2010 Standards 

also specify sound pressure level, signal-tonoise ratio, and peak clipping level. Currently 

available assistive listening systems typically 

meet these technical requirements. 

220 and 707 Automatic Teller Machines 

and Fare Machines

Section 707 of the 2010 Standards adds 

specific technical requirements for speech 

output, privacy, tactilely-discernible input 

controls, display screens, and Braille 

instructions to the general accessibility 

requirements set out in the 1991 Standards. 

Machines shall be speech enabled 

and exceptions are provided that cover 

when audible tones are permitted, when 

advertisements or similar information are 

provided, and where speech synthesis 

cannot be supported. The 1991 Standards 

require these machines to be accessible to 

and independently usable by persons with 

visual impairments, but do not contain any 

technical specifications. 

221 Assembly Areas

Wheelchair Spaces/Companion Seats.

Owners of large assembly areas have 

historically complained to the Department 

that the requirement for one percent (1%) 

of seating to be wheelchair seating is 

excessive and that wheelchair seats are 

not being sold. At the same time, advocates 

have traditionally argued that persons who 

use wheelchairs will increasingly participate 

in activities at assembly areas once they 

become accessible and that at least one 

percent (1%) of seats should be accessible.

The 1991 Standards, at sections 4.1.3(19)

(a) and 4.33.3, require assembly areas to 

provide wheelchair and companion seats. 

In assembly areas with a capacity of more 

than five hundred seats, accessible seating 

at a ratio of one percent (1%) (plus one 

seat) of the number of traditional fixed seats 

must be provided. The 2010 Standards, at 

section 221.2, require assembly areas with 

501 to 5000 seats to provide at least six 

wheelchair spaces and companion seats 

plus one additional wheelchair space for 

each additional 150 seats (or fraction thereof) 

between 501 through 5000. In assembly 

areas with more than 5000 seats at least 36 

wheelchair spaces and companion seats plus 

one additional wheelchair space for each 
 

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200 seats (or fraction thereof) more than 

5000 are required. See sections 221.1 and 

221.2 of the 2010 Standards.

Commenters questioned why scoping 

requirements for large assembly areas are 

being reduced. During the development 

of the 2004 ADAAG, industry providers, 

particularly those representing larger 

stadium-style assembly areas, supplied 

data to the Access Board demonstrating 

the current scoping requirements for large 

assembly areas often exceed the demand. 

Based on the data provided to the Access 

Board, the Department believes the reduced 

scoping requirements will adequately meet 

the needs of individuals with disabilities, while 

balancing concerns of the industry. 

Commenters representing assembly areas 

supported the reduced scoping. One 

commenter asked that scoping requirements 

for larger assembly areas be reduced even 

further. Although the commenter referenced 

data demonstrating that wheelchair spaces 

in larger facilities with seating capacities 

of 70,000 or more may not be used by 

individuals with disabilities, the data was not 

based on actual results, but was calculated 

at least in part based on probability 

assumptions. The Department is not 

convinced that further reductions should be 

made based upon those projections and that 

further reductions would not substantially limit 

accessibility at assembly areas for persons 

who use wheelchairs.

Section 221.2.1.3 of the 2010 Standards 

clarifies that the scoping requirements for 

wheelchair spaces and companion seats are 

to be applied separately to general seating 

areas and to each luxury box, club box, and 

suite in arenas, stadiums, and grandstands. 

In assembly areas other than arenas, 

stadiums, and grandstands, the scoping 

requirements will not be applied separately. 

Thus, in performing arts facilities with tiered 

boxes designed for spatial and acoustical 

purposes, the scoping requirement is to 

be applied to the seats in the tiered boxes. 

The requisite number of wheelchair spaces 

and companion seats required in the tiered 

boxes are to be dispersed among at least 

twenty percent (20%) of the tiered boxes. 

For example, if a performing arts facility has 

20 tiered boxes with 10 fixed seats in each 

box, for a total of 200 seats, at least five 

wheelchair spaces and companion seats 

must be provided in the boxes, and they must 

be dispersed among at least four of the 20 

boxes.

Commenters raised concerns that the 2010 

Standards should clarify requirements for 

scoping of seating areas and that requiring 

accessible seating in each luxury box, club 

box, and suite in arenas, stadiums and 

grandstands could result in no wheelchair 

and companion spaces available for 

individuals with disabilities in the general 

seating area(s). These comments appear to 

misunderstand the requirements. The 2010 

Standards require each luxury box, club box, 

and suite in an arena, stadium or grandstand 

to be accessible and to contain wheelchair 
 

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spaces and companion seats as required 

by sections 221.2.1.1, 221.2.1.2 and 221.3. 

In addition, the remaining seating areas 

not located in boxes must also contain the 

number of wheelchair and companion seating 

locations specified in the 2010 Standards 

based on the total number of seats in the 

entire facility excluding luxury boxes, club 

boxes and suites.

Wheelchair Space Overlap in Assembly 

Areas. Section 4.33.3 of the 1991 Standards 

and the 2010 Standards, at sections 402, 

403.5.1, 802.1.4, and 802.1.5, require 

walkways that are part of an accessible 

route to have a 36-inch minimum clear width. 

Section 802.1.5 of the 2010 Standards 

specifically prohibits accessible routes from 

overlapping wheelchair spaces. This change 

is consistent with the technical requirements 

for accessible routes, since the clear width 

of accessible routes cannot be obstructed 

by any object. The 2010 Standards also 

specifically prohibit wheelchair spaces from 

overlapping circulation paths. An advisory 

note clarifies that this prohibition applies 

only to the circulation path width required 

by applicable building codes and fire and 

life safety codes since the codes prohibit 

obstructions in the required width of assembly 

aisles. 

Section 802.1.5 of the 2010 Standards 

provides that where a main circulation path is 

located in front of a row of seats that contains 

a wheelchair space and the circulation 

path is wider than required by applicable 

building codes and fire and life safety codes, 

the wheelchair space may overlap the 

“extra” circulation path width. Where a main 

circulation path is located behind a row of 

seats that contains a wheelchair space and 

the wheelchair space is entered from the 

rear, the aisle in front of the row may need 

to be wider in order not to block the required 

circulation path to the other seats in the 

row, or a mid-row opening may need to be 

provided to access the required circulation 

path to the other seats.

Line of Sight and Dispersion of 

Wheelchair Spaces in Assembly Areas. 

Section 4.33.3 of the 1991 Standards 

requires wheelchair spaces and companion 

seats to be an integral part of any fixed 

seating plan in assembly areas and to 

provide individuals with disabilities a choice 

of admission prices and lines of sight 

comparable to those available to other 

spectators. Section 4.33.3 also requires 

wheelchair spaces and companion seats to 

be dispersed in assembly areas with more 

than 300 seats. Under the 1991 Standards, 

sports facilities typically located some 

wheelchair spaces and companion seats on 

each accessible level of the facility. In 1994, 

the Department issued official guidance 

interpreting the requirement for comparable 

lines of sight in the 1991 Standards to mean 

wheelchair spaces and companion seats 

in sports stadia and arenas must provide 

patrons with disabilities and their companions 

with lines of sight over standing spectators to 

the playing field or performance area, where 

spectators were expected to stand during 

events. See “Accessible Stadiums,” 
 

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www.ada.gov/stadium.pdf. The Department 

also interpreted the section 4.33.3 

comparable lines of sight requirement to 

mean that wheelchair spaces and companion 

seats in stadium-style movie theaters must 

provide patrons with disabilities and their 

companions with viewing angles comparable 

to those provided to other spectators.

Sections 221.2.3 and 802.2 of the 

2010 Standards add specific technical 

requirements for providing lines of sight 

over seated and standing spectators 

and also require wheelchair spaces and 

companion seats (per section 221.3) to 

provide individuals with disabilities choices 

of seating locations and viewing angles that 

are substantially equivalent to, or better 

than, the choices of seating locations and 

viewing angles available to other spectators. 

This applies to all types of assembly areas, 

including stadium-style movie theaters, 

sports arenas, and concert halls. These rules 

are expected to have minimal impact since 

they are consistent with the Department’s 

longstanding interpretation of the 1991 

Standards and technical assistance.

Commenters stated that the qualitative 

viewing angle language contained in section 

221.2.3 is not appropriate for an enforceable 

regulatory standard unless the terms of such 

language are defined. Other commenters 

requested definitions for viewing angles, 

an explanation for precisely how viewing 

angles are measured, and an explanation 

for precisely how to evaluate whether one 

viewing angle is better than another viewing 

angle. The Department is convinced that the 

regulatory language in the 2010 Standards 

is sufficient to provide a performance-based 

standard for designers, architects, and other 

professionals to design facilities that provide 

comparable lines of sight for wheelchair 

seating in assembly areas, including viewing 

angles. The Department believes that as a 

general rule, the vast variety of sizes and 

configurations in assembly areas requires 

it to establish a performance standard 

for designers to adapt to the specific 

circumstances of the venue that is being 

designed. The Department has implemented 

more explicit requirements for stadium-style 

movie theaters in 28 CFR 36.406(f) and 

35.151(g) of the final regulations based on 

experience and expertise gained after several 

major enforcement actions.

Another commenter inquired as to what 

determines whether a choice of seating 

locations or viewing angles is better than 

that available to all other spectators. The 

answer to this question varies according to 

each assembly area that is being designed, 

but designers and venue operators 

understand which seats are better and that 

understanding routinely drives design choices 

made to maximize profit and successful 

operation of the facility, among other things. 

For example, an “equivalent or better” line of 

sight in a major league football stadium would 

be different than for a 350-seat lecture hall. 

This performance standard is based upon 

the underlying principle of equal opportunity 

for a good viewing experience for everyone, 

including persons with disabilities. The 
 

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Department believes that for each specific 

facility that is designed, the owner, operator, 

and design professionals will be able to 

distinguish easily between seating locations 

and the quality of the associated lines of 

sight from those seating locations in order 

to decide which ones are better than others. 

The wheelchair locations do not have to be 

exclusively among the seats with the very 

best lines of sight nor may they be exclusively 

among the seats with the worst lines of sight. 

Rather, wheelchair seating locations should 

offer a choice of viewing experiences and be 

located among the seats where most of the 

audience chooses to sit. 

Section 4.33.3 of the 1991 Standards 

requires wheelchair spaces and companion 

seating to be offered at a choice of admission 

prices, but section 221.2.3.2 of the 2010 

Standards no longer requires wheelchair 

spaces and companion seats to be dispersed 

based on admission prices. Venue owners 

and operators commented during the 2004 

ADAAG rulemaking process that pricing is 

not always established at the design phase 

and may vary from event to event within the 

same facility, making it difficult to determine 

where to place wheelchair seats during the 

design and construction phase. Their concern 

was that a failure by the venue owner or 

operator to provide a choice of ticket prices 

for wheelchair seating as required by the 

1991 Standards governing new construction 

could somehow unfairly subject parties 

involved in the design and construction to 

liability unknowingly.

Sections 221.2.3.2 and 221.3 of the 2010 

Standards require wheelchair spaces and 

companion seats to be vertically dispersed 

at varying distances from the screen, 

performance area, or playing field. The 

2010 Standards, at section 221.2.3.2, also 

require wheelchair spaces and companion 

seats to be located in each balcony or 

mezzanine served by an accessible route. 

The final regulations at 28 CFR 35.151(g)

(1) and 36.406(f)(1) also require assembly 

areas to locate wheelchair spaces and 

companion seats at all levels of the facility 

that include seating and that are served by an 

accessible route. The Department interprets 

that requirement to mean that wheelchair 

and companion seating must be provided 

in a particular area even if the accessible 

route may not be the same route that other 

individuals use to reach their seats. For 

example, if other patrons reach their seats 

on the field by an inaccessible route (e.g., by 

stairs), but there is an accessible route that 

complies with section 206.3 that could be 

connected to seats on the field, accessible 

seats must be placed on the field even if that 

route is not generally available to the public. 

The 2010 Standards, at section 221.2.3.2, 

provide an exception for vertical dispersion 

in assembly areas with 300 or fewer seats if 

the wheelchair spaces and companion seats 

provide viewing angles that are equivalent 

to, or better than, the average viewing angle 

provided in the facility.
 

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Section 221.3 of the 2010 Standards requires 

wheelchair spaces and companion seats 

to be dispersed horizontally. In addition, 28 

CFR 35.151(g)(2) and 36.406(f)(2) require 

assembly areas that have seating around 

the field of play or performance area to place 

wheelchair spaces and companion seating all 

around that field of play or performance area.

Stadium-Style Movie Theaters

Pursuant to 28 CFR 35.151(g) and 36.406(f), 

in addition to other obligations, stadium-style 

movie theaters must meet horizontal and 

vertical dispersion requirements set forth 

in sections 221.2.3.1 and 221.2.3.2 of the 

2010 Standards; placement of wheelchair 

and companion seating must be on a riser 

or cross-aisle in the stadium section of the 

theater; and placement of such seating 

must satisfy at least one of the following 

criteria: (i) it is located within the rear sixty 

percent (60%) of the seats provided in the 

auditorium; or (ii) it is located within the area 

of the auditorium where the vertical viewing 

angles are between the 40th and 100th 

percentile of vertical viewing angles for all 

seats in that theater as ranked from the first 

row (1st percentile) to the back row (100th 

percentile). The line-of-sight requirements 

recognize the importance to the movie-going 

experience of viewing angles, and the final 

regulations ensure that movie patrons with 

disabilities are provided views of the movie 

screen comparable to other theater patrons. 

Some commenters supported regulatory 

language that would require stadium-style 

theaters to meet standards of accessibility 

equal to those of non-stadium-style theaters, 

with larger theaters being required to provide 

accessible seating locations and viewing 

angles equal to those offered to individuals 

without disabilities.

One commenter noted that stadium-style 

movie theaters, sports arenas, music 

venues, theaters, and concert halls each 

pose unique conditions that require separate 

and specific standards to accommodate 

patrons with disabilities, and recommended 

that the Department provide more specific 

requirements for sports arenas, music 

venues, theaters, and concert halls. The 

Department has concluded that the 2010 

Standards will provide sufficient flexibility to 

adapt to the wide variety of assembly venues 

covered. 

Companion Seats. Section 4.33.3 of the 

1991 Standards required at least one fixed 

companion seat to be provided next to each 

wheelchair space. The 2010 Standards at 

sections 221.3 and 802.3 permit companion 

seats to be movable. Several commenters 

urged the Department to ensure that 

companion seats are positioned in a manner 

that places the user at the same shoulder 

height as their companions using mobility 

devices. The Department recognizes that 

some facilities have created problems by 

locating the wheelchair space and companion 

seat on different floor elevations (often 

a difference of one riser height). Section 

802.3.1 of the 2010 Standards addresses this 

problem by requiring the wheelchair space 

and the companion seat to be on the same 
 

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floor elevation. This solution should prevent 

any vertical discrepancies that are not the 

direct result of differences in the sizes and 

configurations of wheelchairs.

Designated Aisle Seats. Section 4.1.3(19)

(a) of the 1991 Standards requires one 

percent (1%) of fixed seats in assembly 

areas to be designated aisle seats with 

either no armrests or folding or retractable 

armrests on the aisle side of the seat. The 

2010 Standards, at sections 221.4 and 802.4, 

base the number of required designated 

aisle seats on the total number of aisle seats, 

instead of on all of the seats in an assembly 

area as the 1991 Standards require. At 

least five percent (5%) of the aisle seats are 

required to be designated aisle seats and to 

be located closest to accessible routes. This 

option will almost always result in fewer aisle 

seats being designated aisle seats compared 

to the 1991 Standards. The Department is 

aware that sports facilities typically locate 

designated aisle seats on, or as near to, 

accessible routes as permitted by the 

configuration of the facility.

One commenter recommended that section 

221.4, Designated Aisle Seats, be changed to 

require that aisle seats be on an accessible 

route, and be integrated and dispersed 

throughout an assembly area. Aisle seats, 

by their nature, typically are located within 

the general seating area, and integration 

occurs almost automatically. The issue of 

dispersing aisle seats or locating them on 

accessible routes is much more challenging. 

During the separate rulemaking on the 

2004 ADAAG the Access Board specifically 

requested public comment on the question of 

whether aisle seats should be required to be 

located on accessible routes. After reviewing 

the comments submitted during the 2004 

Access Board rulemaking, the Access Board 

concluded that this could not be done without 

making significant and costly changes in the 

design of most assembly areas. However, 

section 221.4 of the 2004 ADAAG required 

that designated aisle seats be the aisle seats 

closest to accessible routes. The Department 

proposed the same provision and concurs in 

the Access Board’s conclusion and declines 

to implement further changes.

Team or Player Seating Areas. Section 

221.2.1.4 of the 2010 Standards requires 

that at least one wheelchair space compliant 

with section 802.1 be provided in each team 

or player seating area serving areas of sport 

activity. For bowling lanes, the requirement 

for a wheelchair space in player seating 

areas is limited to lanes required to be 

accessible.

Lawn Seating. The 1991 Standards, at 

section 4.1.1(1), require all areas of newly 

constructed facilities to be accessible, but do 

not contain a specific scoping requirement 

for lawn seating in assembly areas. The 

2010 Standards, at section 221.5, specifically 

require lawn seating areas and exterior 

overflow seating areas without fixed seats to 

connect to an accessible route.
 

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Aisle Stairs and Ramps in Assembly 

Areas. Sections 4.1.3 and 4.1.3(4) of the 

1991 Standards require that interior and 

exterior stairs connecting levels that are not 

connected by an elevator, ramp, or other 

accessible means of vertical access must 

comply with the technical requirements 

for stairs set out in section 4.9 of the 1991 

Standards. Section 210.1 of the 2010 

Standards requires that stairs that are part 

of a means of egress shall comply with 

section 504’s technical requirements for 

stairs. The 1991 Standards do not contain 

any exceptions for aisle stairs in assembly 

areas. Section 210.1, Exception 3 of the 

2010 Standards adds a new exception that 

exempts aisle stairs in assembly areas 

from section 504’s technical requirements 

for stairs, including section 505’s technical 

requirements for handrails.

Section 4.8.5 of the 1991 Standards exempts 

aisle ramps that are part of an accessible 

route from providing handrails on the side 

adjacent to seating. The 2010 Standards, at 

section 405.1, exempt aisle ramps adjacent 

to seating in assembly areas and not serving 

elements required to be on an accessible 

route, from complying with all of section 

405’s technical requirements for ramps. 

Where aisle ramps in assembly areas serve 

elements required to be on an accessible 

route, the 2010 Standards require that 

the aisle ramps comply with section 405’s 

technical requirements for ramps. Sections 

505.2 and 505.3 of the 2010 Standards 

provide exceptions for aisle ramp handrails. 

Section 505.2 states that in assembly areas, 

a handrail may be provided at either side 

or within the aisle width when handrails are 

not provided on both sides of aisle ramps. 

Section 505.3 states that, in assembly areas, 

handrails need not be continuous in aisles 

serving seating.

222 and 803 Dressing, Fitting, and Locker 

Rooms

Dressing rooms, fitting rooms, and locker 

rooms are required to comply with the 

accessibility requirements of sections 222 

and 803 of the 2010 Standards. Where these 

types of rooms are provided in clusters, five 

percent (5%) but at least one room in each 

cluster must comply. Some commenters 

stated that clothing and retail stores would 

have to expand and reconfigure accessible 

dressing, fitting and locker rooms to meet 

the changed provision for clear floor space 

alongside the end of the bench. Commenters 

explained that meeting the new requirement 

would result in a loss of sales and inventory 

space. Other commenters also expressed 

opposition to the changed requirement in 

locker rooms for similar reasons. 

The Department reminds the commenters 

that the requirements in the 2010 Standards 

for the clear floor space to be beside the 

short axis of the bench in an accessible 

dressing, fitting, or locker room apply only 

to new construction and alterations. The 

requirements for alterations in the 2010 

Standards at section 202.3 do not include 

the requirement from the 1991 Standards 

at section 4.1.6(1)(c) that if alterations to 
 

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single elements, when considered together, 

amount to an alteration of a room or space 

in a building or facility, the entire space shall 

be made accessible. Therefore, under the 

2010 Standards, the alteration requirements 

only apply to specific elements or spaces that 

are being altered. So providing the clear floor 

space at the end of the bench as required by 

the 2010 Standards instead of in front of the 

bench as is allowed by the 1991 Standards 

would only be required when the bench in the 

accessible dressing room is altered or when 

the entire dressing room area is altered. 

224 and 806 Transient Lodging Guest 

Rooms 

Scoping. The minimum number of guest 

rooms required to be accessible in transient 

lodging facilities is covered by section 224 of 

the 2010 Standards. Scoping requirements 

for guest rooms with mobility features 

and guest rooms with communication 

features are addressed at section 224.2 

and section 224.4, respectively. Under the 

1991 Standards all newly constructed guest 

rooms with mobility features must provide 

communication features. Under the 2010 

Standards, in section 224.5, at least one 

guest room with mobility features must also 

provide communication features. Additionally, 

not more than ten percent (10%) of the guest 

rooms required to provide mobility features 

and also equipped with communication 

features can be used to satisfy the minimum 

number of guest rooms required to provide 

communication features. 

Some commenters opposed requirements 

for guest rooms accessible to individuals 

with mobility disabilities stating that statistics 

provided by the industry demonstrate that all 

types of accessible guest rooms are unused.

They further claimed that the requirements 

of the 2010 Standards are too burdensome 

to meet in new construction, and that the 

requirements will result in a loss of living 

space in places of transient lodging. Other 

commenters urged the Department to 

increase the number of guest rooms required 

to be accessible. The number of guest 

rooms accessible to individuals with mobility 

disabilities and the number accessible to 

persons who are deaf or who are hard of 

hearing in the 2010 Standards are consistent 

with the 1991 Standards and with the 

IBC. The Department continues to receive 

complaints about the lack of accessible guest 

rooms throughout the country. Accessible 

guest rooms are used not only by individuals 

using mobility devices such as wheelchairs 

and scooters, but also by individuals with 

other mobility disabilities including persons 

who use walkers, crutches, or canes.

Data provided by the Disability Statistics 

Center at the University of California, San 

Francisco demonstrated that the number 

of adults who use wheelchairs has been 

increasing at the rate of six percent (6%) per 

year from 1969 to 1999; and by 2010, it was 

projected that two percent (2%) of the adult 

population would use wheelchairs. In addition 

to persons who use wheelchairs, three 

percent (3%) of adults used crutches, canes, 

walkers, and other mobility devices in 1999; 
 

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and the number was projected to increase 

to four percent (4%) by 2010. Thus, in 2010, 

up to six percent (6%) of the population may 

need accessible guest rooms.

Dispersion. The 2010 Standards, in 

section 224.5, set scoping requirements 

for dispersion in facilities covered by the 

transient lodging provisions. This section 

covers guest rooms with mobility features 

and guest rooms with communication 

features and applies in new construction 

and alterations. The primary requirement 

is to provide choices of types of guest 

rooms, number of beds, and other amenities 

comparable to the choices provided to other 

guests. An advisory in section 224.5 provides 

guidance that “factors to be considered in 

providing an equivalent range of options may 

include, but are not limited to, room size, bed 

size, cost, view, bathroom fixtures such as 

hot tubs and spas, smoking and nonsmoking, 

and the number of rooms provided.”

Commenters asked the Department to 

clarify what is meant by various terms used 

in section 224.5 such as “classes,” “types,” 

“options,” and “amenities.” Other commenters 

asked the Department to clarify and simplify 

the dispersion requirements set forth in 

section 224.5 of the 2010 Standards, in 

particular the scope of the term “amenities.” 

One commenter expressed concern that 

views, if considered an amenity, would further 

complicate room categories and force owners 

and operators to make an educated guess. 

Other commenters stated that views should 

only be a dispersion criteria if view is a factor 

for pricing room rates.

These terms are not to be considered terms 

of art, but should be used as in their normal 

course. For example, “class” is defined 

by Webster’s Dictionary as “a division by 

quality.” “Type” is defined as “a group of 

* * * things that share common traits or 

characteristics distinguishing them as an 

identifiable group or class.” Accordingly, these 

terms are not intended to convey different 

concepts, but are used as synonyms. In 

the 2010 Standards, section 224.5 and its 

advisory require dispersion in such a varied 

range of hotels and lodging facilities that the 

Department believes that the chosen terms 

are appropriate to convey what is intended. 

Dispersion required by this section is not 

“one size fits all” and it is imperative that 

each covered entity consider its individual 

circumstance as it applies this requirement. 

For example, a facility would consider 

view as an amenity if some rooms faced 

mountains, a beach, a lake, or other scenery 

that was considered to be a premium. A 

facility where view was not marketed or 

requested by guests would not factor the 

view as an amenity for purposes of meeting 

the dispersion requirement. 

Section 224.5 of the 2010 Standards requires 

that guest rooms with mobility features and 

guest rooms with communication features 

“shall be dispersed among the various 

classes of guest rooms, and shall provide 

choices of types of guest rooms, number of 
 

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beds, and other amenities comparable to the 

choices provided to other guests. When the 

minimum number of guest rooms required is 

not sufficient to allow for complete dispersion, 

guest rooms shall be dispersed in the 

following priority: guest room type, number of 

beds and amenities.” 

This general dispersion requirement is 

intended to effectuate Congress’ directive 

that a percentage of each class of hotel 

rooms is to be fully accessible to persons 

with disabilities. See H.R. Rep. No. 101-485 

(II) at 391. Accordingly, the promise of the 

ADA in this instance is that persons with 

disabilities will have an equal opportunity to 

benefit from the various options available to 

hotel guests without disabilities, from single 

occupancy guest rooms with limited features 

(and accompanying limited price tags) to 

luxury suites with lavish features and choices. 

The inclusion of section 224.5 of the 2010 

Standards is not new. Substantially similar 

language is contained in section 9.1.4 of the 

1991 Standards. 

Commenters raised concerns that the factors 

included in the advisory to section 224.5 of 

the 2010 Standards have been expanded. 

The advisory provides: “[f]actors to be 

considered in providing an equivalent range 

of options may include, but are not limited 

to, room size, bed size, cost, view, bathroom 

fixtures such as hot tubs and spas, smoking 

and nonsmoking, and the number of rooms 

provided.”

As previously discussed, the advisory 

materials provided in the 2010 Standards 

are meant to be illustrative and do not set 

out specific requirements. In this particular 

instance, the advisory materials for section 

224.5 set out some of the common types of 

amenities found at transient lodging facilities, 

and include common sense concepts such 

as view, bathroom fixtures, and smoking 

status. The intention of these factors is to 

indicate to the hospitality industry the sorts 

of considerations that the Department, in its 

enforcement efforts since the enactment of 

the ADA, has considered as amenities that 

should be made available to persons with 

disabilities, just as they are made available to 

guests without disabilities. 

Commenters offered several suggestions for 

addressing dispersion. One option included 

the flexibility to use an equivalent facilitation 

option similar to that provided in section 

9.1.4(2) of the 1991 Standards. 

The 2010 Standards eliminated all specific 

references to equivalent facilitation. Since 

Congress made it clear that each class of 

hotel room is to be available to individuals 

with disabilities, the Department declines to 

adopt such a specific limitation in favor of the 

specific requirement for new construction and 

alterations found in section 224.5 of the 2010 

Standards. 

In considering the comments of the 

hospitality industry from the ANPRM and 

the Department’s enforcement efforts 

in this area, the Department sought 
 

Guidance on the 2010 Standards: Titles II and III - 121

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comment in the NPRM on whether the 

dispersion requirements should be applied 

proportionally, or whether the requirements 

of section 224.5 of the 2010 Standards would 

be complied with if access to at least one 

guest room of each type were to be provided. 

One commenter expressed concern about 

requiring different guest room types to be 

proportionally represented in the accessible 

guest room pool as opposed to just having 

each type represented. Some commenters 

also expressed concern about accessible 

guest rooms created in pre-1993 facilities 

and they requested that such accessible 

guest rooms be safe harbored just as they 

are safe harbored under the 1991 Standards. 

In addition, one commenter requested that 

the proposed dispersion requirements in 

section 224.5 of the 2010 Standards not be 

applied to pre-1993 facilities even when they 

are altered. Some commenters also offered 

a suggestion for limitations to the dispersion 

requirements as an alternative to safe 

harboring pre-1993 facilities. The suggestion 

included: (1) Guest rooms’ interior or exterior 

footprints may remain unchanged in order 

to meet the dispersion requirements; (2) 

Dispersion should only be required among 

the types of rooms affected by an alteration; 

and (3) Subject to (1) and (2) above and 

technical feasibility, a facility would need to 

provide only one guest room in each guest 

room type such as single, double and suites. 

One commenter requested an exception to 

the dispersion criteria that applies to both 

existing and new multi-story timeshare 

facilities. This requested exception waives 

dispersion based on views to the extent that 

up to eight units may be vertically stacked in 

a single location.

Section 224.1.1 of the 2010 Standards 

sets scoping requirements for alterations to 

transient lodging guest rooms. The advisory 

to section 224.1.1 further explains that 

compliance with 224.5 is more likely to be 

achieved if all of the accessible guest rooms 

are not provided in the same area of the 

facility, when accessible guest rooms are 

added as a result of subsequent alterations. 

Some commenters requested a specific 

exemption for small hotels of 300 or fewer 

guest rooms from dispersion regarding 

smoking rooms. The ADA requires that 

individuals with disabilities be provided with 

the same range of options as persons without 

disabilities, and, therefore, the Department 

declines to add such an exemption. It is 

noted, however, that the existence of this 

language in the advisory does not require a 

place of transient lodging that does not offer 

smoking guest rooms at its facility to do so 

only for individuals with disabilities. 

Guest Rooms with Mobility Features.

Scoping provisions for guest rooms with 

mobility features are provided in section 

224.2 of the 2010 Standards. Scoping 

requirements for alterations are included in 

224.1.1. These scoping requirements in the 

2010 Standards are consistent with the 1991 

Standards. 
 

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One commenter expressed opposition to 

the new scoping provisions for altered guest 

rooms, which, according to the commenter, 

require greater numbers of accessible guest 

rooms with mobility features.

Section 224.1.1 of the 2010 Standards 

provides scoping requirements for alterations 

to guest rooms in existing facilities. Section 

224.1.1 modifies the scoping requirements 

for new construction in section 224 by limiting 

the application of section 224 requirements 

only to those guest rooms being altered or 

added until the number of such accessible 

guest rooms complies with the minimum 

number required for new construction in 

section 224.2 of the 2010 Standards. The 

minimum required number of accessible 

guest rooms is based on the total number 

of guest rooms altered or added instead of 

the total number of guest rooms provided. 

These requirements are consistent with 

the requirements in the 1991 Standards. 

Language in the 2010 Standards clarifies 

the provision of section 104.2 of the 2010 

Standards which requires rounding up values 

to the next whole number for calculations of 

percentages in scoping. 

Guest Rooms with Communication 

Features. The revisions at section 224.4 

of the 2010 Standards effect no substantive 

change from the 1991 Standards with respect 

to the number of guest rooms required 

to provide communication features. The 

scoping requirement is consolidated into a 

single table, instead of appearing in three 

sections as in the 1991 Standards. The 

revised provisions also limit the overlap 

between guest rooms required to provide 

mobility features and guest rooms required 

to provide communication features. Section 

224.5 of the 2010 Standards requires that 

at least one guest room providing mobility 

features must also provide communications 

features. At least one, but not more than ten 

percent (10%), of the guest rooms required to 

provide mobility features can also satisfy the 

minimum number of guest rooms required to 

provide communication features.

Commenters suggested that the 

requirements for scoping and dispersion 

of guest rooms for persons with mobility 

impairments and guest rooms with 

communication features are too complex for 

the industry to effectively implement. 

The Department believes the requirements 

for guest rooms with communications 

features in the 2010 Standards clarify the 

requirements necessary to provide equal 

opportunity for travelers with disabilities. 

Additional technical assistance will be made 

available to address questions before the rule 

goes into effect.

Visible Alarms in Guest Rooms with 

Communication Features. The 1991 

Standards at sections 9.3.1 and 4.28.4 

require transient lodging guest rooms with 

communication features to provide either 

permanently installed visible alarms that are 

connected to the building fire alarm system 

or portable visible alarms that are connected 
 

Guidance on the 2010 Standards: Titles II and III - 123

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to a standard 110-volt electrical outlet and 

are both activated by the building fire alarm 

system and provide a visible alarm when the 

single station smoke detector is activated. 

Section 215.4 of the 2010 Standards no 

longer includes the portable visible alarm 

option and instead requires that transient 

lodging guest rooms with communication 

features be equipped with a fire alarm 

system which includes permanently installed 

audible and visible alarms in accordance with 

NFPA 72 National Fire Alarm Code (1999 

or 2002 edition). Such guest rooms with 

communication features are also required by 

section 806.3.2 of the 2010 Standards to be 

equipped with visible notification devices that 

alert room occupants of incoming telephone 

calls and a door knock or bell. 

The 2010 Standards add a new exception for 

alterations to existing facilities that exempts 

existing fire alarm systems from providing 

visible alarms, unless the fire alarm system 

itself is upgraded or replaced, or a new fire 

alarm system is installed. Transient lodging 

facilities that alter guest rooms are not 

required to provide permanently installed 

visible alarms complying with the NFPA 72 if 

the existing fire alarm system has not been 

upgraded or replaced, or a new fire alarm 

system has not been installed. 

Commenters representing small providers 

of transient lodging raised concerns about 

the proposed changes to prohibit the use 

of portable visible alarms used in transient 

lodging guest rooms. These commenters 

recommended retaining requirements that 

allow the use of portable visible alarms. 

Persons who are deaf or hard of hearing 

have reported that portable visible alarms 

used in transient lodging guest rooms 

are deficient because the alarms are not 

activated by the building fire alarm system, 

and the alarms do not work when the building 

power source goes out in emergencies. 

The 2010 Standards are consistent with the 

model building, fire, and life safety codes 

as applied to newly constructed transient 

lodging facilities. One commenter sought 

confirmation of its understanding of visible 

alarm requirements from the Department. 

This commenter interpreted the exception 

to section 215.1 of the 2010 Standards and 

the Department’s commentary to the NPRM 

to mean that if a transient lodging facility 

does not have permanently installed visible 

alarms in its communication accessible guest 

rooms, it will not be required to provide such 

alarms until such time that its fire alarm 

system is upgraded or replaced, or a new 

fire alarm system is installed. In addition, this 

commenter also understood that, if a hotel 

already has permanently installed visible 

alarms in all of its mobility accessible guest 

rooms, it would not have to relocate such 

visible alarms and other communication 

features in those rooms to other guest 

rooms to comply with the ten percent (10%) 

overlap requirement until the alarm system is 

upgraded or replaced.
 

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This commenter’s interpretation and 

understanding are consistent with the 

Department’s position in this matter. Section 

215.4 of the 2010 Standards requires that 

guest rooms required to have communication 

features be equipped with a fire alarm system 

complying with section 702. Communication 

accessible guest rooms are required to 

have all of the communication features 

described in section 806.3 of the 2010 

Standards including a fire alarm system 

which provides both audible and visible 

alarms. The exception to section 215.1 of 

the 2010 Standards, which applies only to 

fire alarm requirements for guest rooms with 

communication features in existing facilities, 

exempts the visible alarm requirement until 

such time as the existing fire alarm system 

is upgraded or replaced, or a new fire alarm 

system is installed. If guest rooms in existing 

facilities are altered and they are required 

by section 224 of the 2010 Standards to 

have communication features, such guest 

rooms are required by section 806.3 to have 

all other communication features including 

notification devices.

Vanity Counter Space. Section 806.2.4.1 

of the 2010 Standards requires that if vanity 

countertop space is provided in inaccessible 

transient lodging guest bathrooms, 

comparable vanity space must be provided in 

accessible transient lodging guest bathrooms. 

A commenter questioned whether in 

existing facilities vanity countertop space 

may be provided through the addition of a 

shelf. Another commenter found the term 

“comparable” vague and expressed concern 

about confusion the new requirement would 

cause. This commenter suggested that the 

phrase “equal area in square inches” be used 

instead of comparable vanity space. 

In some circumstances, the addition of 

a shelf in an existing facility may be a 

reasonable way to provide a space for 

travelers with disabilities to use their toiletries 

and other personal items. However, this is a 

determination that must be made on a caseby-case basis. Comparable vanity countertop 

space need not be one continuous surface 

and need not be exactly the same size as the 

countertops in comparable guest bathrooms. 

For example, accessible shelving within 

reach of the lavatory could be stacked to 

provide usable surfaces for toiletries and 

other personal items. 

Shower and Sauna Doors in Transient 

Lodging Facilities. Section 9.4 of the 1991 

Standards and section 206.5.3 of the 2010 

Standards both require passage doors in 

transient lodging guest rooms that do not 

provide mobility features to provide at least 

32 inches of clear width. Congress directed 

this requirement to be included so that 

individuals with disabilities could visit guests 

in other rooms. See H. Rept. 101-485, pt. 2, 

at 118 (1990); S. Rept. 101-116, at 70 (1989). 

Section 224.1.2 of the 2010 Standards adds 

a new exception to clarify that shower and 

sauna doors in such inaccessible guest 

rooms are exempt from the requirement for 

passage doors to provide at least 32 inches 

of clear width. Two commenters requested 
 

Guidance on the 2010 Standards: Titles II and III - 125

Analysis and Commentary on the 2010 ADAStandards

Department of Justice

of an accessible route. The 2010 Standards 

add a new scoping requirement that permits 

platform lifts to be used to connect levels 

within transient lodging guest rooms and 

dwelling units with mobility features. 

806 Transient Lodging Guest Rooms

In the NPRM, the Department included floor 

plans showing examples of accessible guest 

rooms and bathrooms designs with mobility 

features to illustrate how compliance with 

the 2010 Standards could be accomplished 

with little or no additional space compared to 

designs that comply with the 1991 Standards.

Commenters noted that the Department’s 

plans showing accessible transient lodging 

guest rooms compliant with the 2010 

Standards were not common in the transient 

lodging industry and also noted that the plans 

omitted doors at sleeping room closets.

The Department agrees that the configuration 

of the accessible bathrooms is somewhat 

different from past designs used by the 

industry, but this was done to meet the 

requirements of the 2010 Standards. The 

plans were provided to show that, with some 

redesign, the 2010 Standards do not normally 

increase the square footage of an accessible 

sleeping room or bathroom with mobility 

features in new construction. The Department 

has also modified several accessible guest 

room plans to show that doors can be 

installed on closets and comply with the 2010 

Standards.

that saunas and steam rooms in existing 

facilities be exempt from the section 224.1.2 

requirement and that the requirement be 

made applicable to new construction only.

The exemption to the section 224.1.2 

requirement for a 32-inch wide clearance 

at doors to shower and saunas applies 

only to those showers and saunas in guest 

rooms which are not required to have 

mobility features. Showers and saunas in 

other locations, including those in common 

use areas and guest rooms with mobility 

features, are required to comply with the 

32-inch clear width standard as well as 

other applicable accessibility standards. 

Saunas come in a variety of types: portable, 

pre-built, pre-cut, and custom-made. All 

saunas except for custom-made saunas 

are made to manufacturers’ standard 

dimensions. The Department is aware that 

creating the required 32-inch clearance 

at existing narrower doorways may not 

always be technically feasible. However, 

the Department believes that owners and 

operators will have an opportunity to provide 

the required doorway clearance, unless 

doing so is technically infeasible, when an 

alteration to an existing sauna is undertaken. 

Therefore, the Department has retained 

these requirements.

Platform Lifts in Transient Lodging Guest 

Rooms and Dwelling Units. The 1991 

Standards, at section 4.1.3(5), exception 4, 

and the 2010 Standards, at sections 206.7 

and 206.7.6, both limit the locations where 

platform lifts are permitted to be used as part 
 

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Department of Justice Department of Justice 

A commenter stated that the Department’s 

drawings suggest that the fan coil units for 

heat and air conditioning are overhead, 

while the typical sleeping room usually 

has a vertical unit, or a packaged terminal 

air conditioning unit within the room. The 

Department’s drawings are sample plans, 

showing the layout of the space, relationship 

of elements to each other, and required 

clear floor and turning spaces. It was not the 

intent of the Department to provide precise 

locations for all elements, including heating 

and air conditioning units. 

Commenters noted that in guest rooms with 

two beds, each bed was positioned close 

to a wall, reducing access on one side. 

Another commenter stated that additional 

housekeeping time is needed to clean the 

room when beds are placed closer to walls. 

The 2010 Standards require that, when two 

beds are provided, there must be at least 

36 inches of clear space between the beds. 

The plans provided in the NPRM showed 

two bed arrangements with adequate clear 

width complying with the 1991 Standards 

and the 2010 Standards. Additional space 

can be provided on the other side of the beds 

to facilitate housekeeping as long as the 

clear floor space between beds is at least 36 

inches wide.

Commenters stated that chases in sleeping 

room bathrooms that route plumbing and 

other utilities can present challenges when 

modifying existing facilities. In multi-story 

facilities, relocating or re-routing these 

elements may not be possible, limiting 

options for providing access. The Department 

recognizes that relocating mechanical 

chases in multi-story facilities may be difficult 

or impossible to accomplish. While these 

issues do not exist in new facilities, altered 

existing facilities must comply with the 2010 

Standards to the extent that it is technically 

feasible to do so. When an alteration 

cannot fully comply because it is technically 

infeasible to do so, the alteration must still 

be designed to comply to the greatest extent 

feasible. 

Commenters noted that on some of the 

Department’s plans where a vanity is located 

adjacent to a bathtub, the vanity may require 

more maintenance due to exposure to water. 

The Department agrees that it would be 

advisable that items placed next to a bathtub 

or shower be made of materials that are not 

susceptible to water damage. 
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 127

Transient Lodging Guest Room Floor Plans and Related Text

The Department has included the following floor plans showing application of the 

requirements of the 2010 Standards without significant loss of guest room living 

space in transient lodging compared to the 1991 Standards. 
 

128 - Guidance on the 2010 Standards: Titles II and III Department of Justice

Plan 1A: 13-Foot Wide Accessible Guest Room

This drawing shows an accessible 13-foot wide guest room with features that comply with the 2010 Standards. 

Features include a standard bathtub with a seat, comparable vanity, clothes closet with swinging doors, and door 

connecting to adjacent guest room. Furnishings include a king bed and additional seating.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806);

• Bathtub with a lavatory at the control end (section 

607.2);

• Removable bathtub seat (section 607.3);

• Clearance in front of the bathtub extends its full 

length and is 30 inches wide min. (section 607.2);

• Recessed bathtub location permits shorter rear 

grab bar at water closet (section 604.5.2); 

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Turning space includes knee and toe clearance at 

lavatory (section 304.3); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3).

The following accessible features are provided in the 

living area:

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space on both sides of the bed (section 

806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 309); and

• Accessible controls for the heat and air 

conditioning (section 309).

13’-0”

7’-6”

8’-2” 15’-4”
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 129

Plan 1B: 13-Foot Wide Accessible Guest Room

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806);

• Bathtub with a lavatory at the control end (section 

607.2);

• Removable bathtub seat (section 607.3);

• Clearance in front of the bathtub extends its full 

length and is 30 inches wide min. (section 607.2);

• Recessed bathtub location permits shorter rear 

grab bar at water closet (section 604.5.2); 

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Turning space includes knee and toe clearance at 

lavatory (section 304.3); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and 

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3); 

The following accessible features are provided in the 

living area: 

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space between beds (section 806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 309); and

• Accessible controls for the heat and air 

conditioning (section 309).

This drawing shows an accessible 13-foot wide guest room with features that comply with the 2010 Standards. 

Features include a standard bathtub with a seat, comparable vanity, clothes closet with swinging doors, and door 

connecting to adjacent guest room. Furnishings include two beds.

13’-0”

7’-6”

8’-2” 15’-4”
 

130 - Guidance on the 2010 Standards: Titles II and III Department of Justice

Plan 2A: 13-Foot Wide Accessible Guest Room

This drawing shows an accessible 13-foot wide guest room with features that comply with the 2010 Standards. 

Features include a standard roll-in shower with a seat, comparable vanity, wardrobe, and door connecting to 

adjacent guest room. Furnishings include a king bed and additional seating.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806);

• Standard roll-in type shower with folding seat 

(section 608.2.2);

• Recessed roll-in shower location permits shorter 

rear grab bar at water closet (section 604.5.2);

• Clear floor space adjacent to shower min. 30 

inches wide by 60 inches long (section 608.2.2);

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Turning space includes knee and toe clearance at 

lavatory (section 304.3); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3). 

The following accessible features are provided in the 

living area:

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space on both sides of the bed (section 

806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 309); and

• Accessible controls for the heat and air 

conditioning (section 309).

13’-0”

7’-6”

8’-2” 15’-4”
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 131

Plan 2B: 13-Foot Wide Accessible Guest Room

This drawing shows an accessible 13-foot wide guest room with features that comply with the 2010 Standards. 

Features include an alternate roll-in shower with a seat, comparable vanity, wardrobe, and door connecting to 

adjacent guest room. Furnishings include two beds.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806);

• Alternate roll-in type shower with folding seat is 36 

inches deep and 60 inches wide (section 608.2.3);

• Alternate roll-in shower has a 36-inch wide entry 

at one end of the long side of the compartment 

(section 608.2.3);

• Recessed alternate roll-in shower location permits 

shorter rear grab bar at water closet (section 

604.5.2); 

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Turning space includes knee and toe clearance at 

lavatory (section 304.3); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3). 

The following accessible features are provided in the 

living area:

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space between beds (section 806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 309); and

• Accessible controls for the heat and air 

conditioning (section 309).

13’-0”

8’-0”

8’-2” 15’-4”

2’-10”

door

2’-8”

 min.
 

132 - Guidance on the 2010 Standards: Titles II and III Department of Justice

Plan 3A: 12-Foot Wide Accessible Guest Room

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806); 

• Bathtub (section 607.2);

• Removable bathtub seat (section 607.3);

• Clearance in front of the bathtub extends its full 

length and is 30 inches wide min. (section 607.2);

• Recessed lavatory with vanity countertop permits 

shorter rear grab bar at water closet (section 

604.5.2); 

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Turning space includes knee and toe clearance at 

lavatory (section 304.3); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and 

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3).

The following accessible features are provided in the 

living area:

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space on both sides of the bed (section 

806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 309); and

• Accessible controls for the heat and air 

conditioning (section 309).

This drawing shows an accessible 12-foot wide guest room with features that comply with the 2010 Standards. 

Features include a bathtub with a seat, comparable vanity, open clothes closet, and door connecting to adjacent 

guest room. Furnishings include a king bed and additional seating.

12’-0”

7’-0” 2’-10”

door

9’-3” 14’-3”
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 133

Plan 3B: 12-Foot Wide Accessible Guest Room

This drawing shows an accessible 12-foot wide guest room with features that comply with the 2010 Standards. 

Features include a standard roll-in shower with a seat, comparable vanity, wardrobe, and door connecting to 

adjacent guest room. Furnishings include two beds.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806);

• Standard roll-in type shower with folding seat 

(section 608.2.2);

• Recessed lavatory with vanity counter top permits 

shorter rear grab bar at water closet (section 

604.5.2); 

• Clear floor space adjacent to shower min. 30 

inches wide by 60 inches long (section 608.2.2);

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Turning space includes knee and toe clearance at 

lavatory (section 304.3); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and 

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3). 

The following accessible features are provided in the 

living area:

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space between beds (section 806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 309); and

• Accessible controls for the heat and air 

conditioning (section 309).

12’-0”

7’-0” 2’-10”

door

8’-11” 14’-7”
 

134 - Guidance on the 2010 Standards: Titles II and III Department of Justice

Plan 4A: 13-Foot Wide Accessible Guest Room

This drawing shows an accessible 13-foot wide guest room with features that comply with the 2010 Standards. 

Features include a standard roll-in shower with a seat, comparable vanity, clothes closet with swinging doors, and 

door connecting to adjacent guest room. Furnishings include a king bed and additional seating.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806);

• Standard roll-in type shower with folding seat 

(section 608.2.2);

• Clear floor space adjacent to shower min. 30 

inches wide by 60 inches long (section 608.2.2);

• Recessed roll-in shower location permits shorter 

rear grab bar at water closet (section 604.5.2);

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Turning space includes knee and toe clearance at 

lavatory (section 304.3); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3). 

• 30-inch wide by 48-inch long minimum clear floor 

space provided beyond the arc of the swing of the 

entry door (section 603.2.3 exception 2).

The following accessible features are provided in the 

living area:

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space on both sides of the bed (section 

806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 309); and

• Accessible controls for the heat and air 

conditioning (section 309).

13’-0”

7’-6”

8’-2” 15’-4”
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 135

Plan 4B: 13-Foot Wide Accessible Guest Room

This drawing shows an accessible 13-foot wide guest room with features that comply with the 2010 Standards. 

Features include an alternate roll-in shower with a seat, comparable vanity, wardrobe, and door connecting to 

adjacent guest room. Furnishings include two beds. 

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806);

• Alternate roll-in type shower with folding seat is 36 

inches deep and 60 inches wide (section 608.2.3);

• Alternate roll-in shower has a 36-inch wide entry 

at one end of the long end of the compartment 

(section 608.2.3);

• Recessed alternate roll-in shower location permits 

shorter rear grab bar at water closet (section 

604.5.2);

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Turning space includes knee and toe clearance at 

lavatory (section 304.3); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3). 

The following accessible features are provided in the 

living area:

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space between beds (section 806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 309); and

• Accessible controls for the heat and air 

conditioning (section 309).

13’-0”

8’-0”

8’-2” 15’-4”

2’-10”

door
 

136 - Guidance on the 2010 Standards: Titles II and III Department of Justice

Plan 5A: 13-Foot Wide Accessible Guest Room

This drawing shows an accessible 13-foot wide guest room with features that comply with the 2010 Standards. 

Features include a transfer shower, comparable vanity, clothes closet with swinging door, and door connecting to 

adjacent guest room. Furnishings include a king bed and additional seating.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806); 

• Transfer shower (section 603.2);

• Shower seat (section 610.3);

• Clearance in front of the shower extends beyond 

the seat and is 36 inches wide min. (section 

607.2);

• Recessed transfer shower location permits shorter 

rear grab bar at water closet (section 604.5.2); 

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16 inches from 

side wall (section 604.2); and 

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3).

The following accessible features are provided in the 

living area: 

• Circular turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space on both sides of the bed (section 

806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 229); and

• Accessible controls for the heat and air 

conditioning (section 309).

13’-0”

8’-0”

7’-8” 15’-10”

2’-10”

door
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 137

Plan 5B: 13-Foot Wide Accessible Guest Room

This drawing shows an accessible 13-foot wide guest room with features that comply with the 2010 Standards. 

Features include a transfer shower, comparable vanity, open clothes closet, and door connecting to adjacent 

guest room. Furnishings include two beds.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806); 

• Transfer shower (section 603.2);

• Shower seat (section 610.3);

• Clearance in front of the shower extends beyond 

the seat and is 36 inches wide min. (section 

607.2);

• Lavatory with vanity counter top recessed to 

permit shorter rear grab bar at water closet 

(section 604.5.2); 

• T-shaped turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16-18 inches from 

side wall (section 604.2); and 

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3).

The following accessible features are provided in the 

living area: 

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space between beds (section 806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 229); and

• Accessible controls for the heat and air 

conditioning (section 309).

13’-0”

8’-0”

8’-0” 15’-6”

2’-10”

door
 

138 - Guidance on the 2010 Standards: Titles II and III Department of Justice

Plan 6A: 12-Foot Wide Accessible Guest Room

This drawing shows an accessible 12-foot wide guest room with features that comply with the 2010 Standards. 

Features include a transfer shower, water closet length (rim to rear wall) 24 inches maximum, comparable vanity, 

clothes closet with swinging door, and door connecting to adjacent guest room. Furnishings include a king bed 

and additional seating.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806); 

• Transfer shower (section 603.2);

• Shower seat (section 610.3);

• Clearance in front of the shower extends beyond 

the seat and is 36 inches wide min. (section 

607.2);

• Recessed lavatory with vanity counter top permits 

shorter rear grab bar at water closet (section 

604.5.2); 

• T-shaped turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16 inches from 

side wall (section 604.2); and 

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3).

The following accessible features are provided in the 

living area: 

• T-shaped turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space on both sides of the bed (section 

806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 229); and

• Accessible controls for the heat and air 

conditioning (section 309).

12’-0”

6’-9”

8’-11” 14’-7”
 

Department of Justice Guidance on the 2010 Standards: Titles II and III - 139

Plan 6B: 12-Foot Wide Accessible Guest Room

This drawing shows an accessible 12-foot wide guest room with features that comply with the 2010 Standards. 

Features include a transfer shower, water closet length (rim to rear wall) 24 inches maximum, comparable vanity, 

wardrobe, and door connecting to adjacent guest room. Furnishings include two beds.

The following accessible features are provided in the 

bathroom:

• Comparable vanity counter top space (section 

806); 

• Transfer shower (section 603.2);

• Shower seat (section 610.3);

• Clearance in front of the shower extends beyond 

the seat and is 36 inches wide min. (section 

607.2);

• Recessed lavatory with vanity counter top permits 

shorter rear grab bar at water closet (section 

604.5.2); 

• Circular turning space in room (section 603.2.1);

• Required clear floor spaces at fixtures and turning 

space overlap (section 603.2.2); 

• Water closet clearance is 60 inches at back wall 

and 56 inches deep (section 604.3);

• Centerline of the water closet at 16 inches from 

side wall (section 604.2); and 

• No other fixtures or obstructions located within 

required water closet clearance (section 604.3).

The following accessible features are provided in the 

living area: 

• Circular turning space (section 304.3.2);

• Accessible route (section 402);

• Clear floor space between beds (section 806.2.3);

• Maneuvering clearances at all doors (section 

404.2);

• Accessible operable window (section 229); and

• Accessible controls for the heat and air 

conditioning (section 309). 

12’-0”

6’-9”

8’-11” 14’-7”
 

140 - Guidance on the 2010 Standards: Titles II and III 

Analysis and Commentary on the 2010 ADAStandards

Department of Justice 

225 and 811 Storage

Section 225 of the 2010 Standards provides 

that where storage is provided in accessible 

spaces, at least one of each type shall 

comply with the 2010 Standards. Selfservice shelving is required to be on an 

accessible route, but is not required to 

comply with the reach range requirements. 

These requirements are consistent with the 

1991 Standards. 

Section 225.3 adds a new scoping 

requirement for self-storage facilities. 

Facilities with 200 or fewer storage spaces 

will be required to make at least five percent 

(5%) of the storage spaces accessible. 

Facilities with more than 200 storage spaces 

will be required to provide ten accessible 

storage spaces, plus two percent (2%) of the 

total storage spaces over 200. 

Sections 225.2.1 and 811 of the 2010 

Standards require lockers to meet 

accessibility requirements. Where lockers are 

provided in clusters, five percent (5%) but 

at least one locker in each cluster will have 

to comply. Under the 1991 Standards, only 

one locker of each type provided must be 

accessible. 

Commenters recommended that the 

Department adopt language requiring public 

accommodations to provide access to all selfservice shelves and display areas available 

to customers. Other commenters opposed 

this requirement as too burdensome to retail 

and other entities and claimed that significant 

revenue would be lost if this requirement 

were to be implemented. 

Other commenters raised concerns that 

section 225.2.2 of the 2010 Standards 

scopes only self-service shelving whereas 

section 4.1.3(12)(b) of the 1991 Standards 

applies to both “shelves or display units.”

Although “display units” were not included 

in the 2010 Standards under the belief that 

displays are not to be touched and therefore 

by definition cannot be “self-service,” both 

the 2010 Standards and the 1991 Standards 

should be read broadly to apply to all types of 

shelves, racks, hooks, and similar self-service 

merchandising fittings, including self-service 

display units. Such fixtures are permitted to 

be installed above or below the reach ranges 

possible for many persons with disabilities 

so that space available for merchandising is 

used as efficiently as possible. 

226 and 902 Dining Surfaces and Work 

Surfaces 

Section 226.1 of the 2010 Standards require 

that where dining surfaces are provided for 

the consumption of food or drink, at least 

five percent (5%) of the seating spaces 

and standing spaces at the dining surfaces 

comply with section 902. Section 902.2 

requires the provision of accessible knee and 

toe clearance.
 

Guidance on the 2010 Standards: Titles II and III - 141

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Department of Justice

Commenters stated that basing accessible 

seating on seating spaces and standing 

spaces potentially represents a significant 

increase in scoping, particularly given the 

ambiguity in what represents a “standing 

space” and urged a return to the 1991 

Standard of requiring accessible seating 

based on fixed dining tables. The scoping 

change merely takes into account that 

tables may vary in size so that basing 

the calculation on the number of tables 

rather than on the number of individuals 

that may be accommodated by the tables 

could unnecessarily restrict opportunities 

for persons with disabilities. The revised 

scoping permits greater flexibility by allowing 

designers to disperse accessible seating 

and standing spaces throughout the dining 

area. Human factors data, which is readily 

available to designers, provides information 

about the amount of space required for both 

eating and drinking while seated or standing.

227 and 904 Sales and Service 

Check-Out Aisles and Sales and Service 

Counters. The 1991 Standards, at section 

7.2, and the 2010 Standards, at section 

904.4, contain technical requirements 

for sales and service counters. The 1991 

Standards generally require sales and 

service counters to provide an accessible 

portion at least 36 inches long and no 

higher than 36 inches above the finish 

floor. The nondiscrimination requirements 

of the ADA regulations require the level of 

service provided at the accessible portion 

of any sales and service counter to be the 

same as the level of service provided at the 

inaccessible portions of the counter. 

The 2010 Standards specify different lengths 

for the accessible portion of sales and service 

counters based on the type of approach 

provided. Where a forward approach is 

provided, the accessible portion of the 

counter must be at least 30 inches long and 

no higher than 36 inches, and knee and toe 

space must be provided under the counter. 

The requirement that knee and toe space 

be provided where only clear floor space for 

a forward approach to a sales and service 

counter is provided is not a new requirement. 

It is a clarification of the ongoing requirement 

that part of the sales and service counter be 

accessible. This requirement applies to the 

entire accessible part of sales and service 

counters and requires that the accessible 

clear floor or ground space adjacent to those 

counters be kept clear of merchandise, 

equipment, and other items so that the 

accessible part of the counter is readily 

accessible to and usable by individuals 

with disabilities. The accessible part of the 

counter must also be staffed and provide an 

equivalent level of service as that provided to 

all customers.

Where clear floor space for a parallel 

approach is provided, the accessible portion 

of the counter must be at least 36 inches 

long and no higher than 36 inches above the 

finish floor. A clear floor or ground space that 

is at least 48 inches long x 30 inches wide 
 

142 - Guidance on the 2010 Standards: Titles II and III 

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Department of Justice 

and toe clearance requirements will cause a 

reduction in the sales and inventory space at 

check-out aisles and other sales and service 

counters. 

Both the 1991 and the 2010 Standards 

permit covered entities to determine whether 

they will provide a forward or a parallel 

approach to sales and service counters. So 

any facility that does not wish to provide the 

knee or toe clearance required for a front 

approach to such a counter may avoid that 

option. However, the Department believes 

that permitting a forward approach without 

requiring knee and toe clearance is not 

adequate to provide accessibility because the 

person using a wheelchair will be prevented 

from coming close enough to the counter 

to see the merchandise or to transact 

business with a degree of convenience 

that is comparable to that provided to other 

customers. 

A parallel approach to sales and service 

counters also can provide the accessibility 

required by the 2010 Standards. Individuals 

using wheelchairs can approach sales 

and service counters from the side, and, 

assuming the necessary elements, features, 

or merchandise necessary to complete a 

business transaction are within the reach 

range requirements for a side approach, the 

needs of individuals with disabilities can be 

met effectively. 

Section 227 of the 2010 Standards clarifies 

the requirements for food service lines. 

Queues and waiting lines serving counters 

must be provided positioned for a parallel 

approach adjacent to the 36-inch minimum 

length of counter. 

Section 904.4 of the 2010 Standards includes 

an exception for alterations to sales and 

service counters in existing facilities. It 

permits the accessible portion of the counter 

to be at least 24 inches long, where providing 

a longer accessible counter will result in a 

reduction in the number of existing counters 

at work stations or existing mailboxes, 

provided that the required clear floor or 

ground space is centered on the accessible 

length of the counter. 

Section 904.4 of the 2010 Standards also 

clarifies that the accessible portion of the 

counter must extend the same depth as 

the sales or service counter top. Where 

the counter is a single-height counter, this 

requirement applies across the entire depth 

of the counter top. Where the counter is a 

split-height counter, this requirement applies 

only to the customer side of the counter top. 

The employee-side of the counter top may be 

higher or lower than the customer-side of the 

counter top.

Commenters recommended that the 

Department consider a regulatory alternative 

exempting small retailers from the new 

knee and toe clearance requirement and 

retaining existing wheelchair accessibility 

standards for sales and service counters. 

These commenters believed that the knee 
 

Guidance on the 2010 Standards: Titles II and III - 143

Analysis and Commentary on the 2010 ADAStandards

Department of Justice

or check-out aisles, including those for food 

service, must be accessible to individuals 

with disabilities. 

229 Windows

A new requirement at section 229.1 of the 

2010 Standards provides that if operable 

windows are provided for building users, then 

at least one window in an accessible space 

must be equipped with controls that comply 

with section 309. 

Commenters generally supported this 

provision but some commenters asked 

whether the maximum five-pounds (5 lbs.) 

of force requirement of section 309 applies 

to the window latch itself or only to the 

force required to open the window. Section 

309 applies to all controls and operating 

mechanisms, so the latch must comply with 

the requirement to operate with no more than 

five pounds of force (5 lbf).

230 and 708 Two-Way Communication 

Systems 

New provisions of the 2010 Standards at 

sections 230.1 and 708 require two-way 

communications systems to be equipped with 

visible as well as audible signals.

231 and 808 Judicial Facilities and 

Courtrooms

Section 231 of the 2010 Standards adds 

requirements for accessible courtrooms, 

holding cells, and visiting areas.

Accessible Courtroom Stations. Sections 

231.2, 808, 304, 305, and 902 of the 2010 

Standards provide increased accessibility at 

courtroom stations. Clear floor space for a 

forward approach is required for all courtroom 

stations (judges’ benches, clerks’ stations, 

bailiffs’ stations, deputy clerks’ stations, court 

reporters’ stations, and litigants’ and counsel 

stations). Other applicable specifications 

include accessible work surface heights and 

toe and knee clearance. 

Accessible Jury Boxes, Attorney Areas, 

and Witness Stands. Section 206.2.4 of the 

2010 Standards requires, in new construction 

and alterations, at least one accessible route 

to connect accessible building or facility 

entrances with all accessible spaces and 

elements within the building or facility that 

are connected by a circulation path unless 

they are exempted by Exceptions 1 - 7 of 

section 206.2.3. Advisory 206.2.4 Spaces 

and Elements Exception 1 explains that the 

exception allowing raised courtroom stations 

to be used by court employees, such as 

judge’s benches, to be adaptable does not 

apply to areas of the courtroom likely to be 

used by members of the public such as jury 

areas, attorney areas, or witness stands. 

These areas must be on an accessible route 

at the time of initial construction or alteration. 

Raised Courtroom Stations Not for 

Members of the Public. Section 206.2.4, 

Exception 1 of the 2010 Standards provides 

that raised courtroom stations that are used 

by judges, clerks, bailiffs, and court reporters 

will not have to provide full vertical access 
 

144 - Guidance on the 2010 Standards: Titles II and III 

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Department of Justice 

when first constructed or altered if they are 

constructed to be easily adaptable to provide 

vertical accessibility. 

One commenter suggested that a sufficient 

number of accessible benches for judges with 

disabilities, in addition to requiring accessible 

witness stands and attorney areas, be 

required. The Department believes that 

the requirements regarding raised benches 

for judges are easily adaptable to provide 

vertical access in the event a judge requires 

an accessible bench. Section 206.2.4 of 

the 2010 Standards provides that raised 

courtroom stations used by judges and 

other judicial staff do not have to provide 

full vertical access when first constructed or 

altered as long as the required clear floor 

space, maneuvering space, and electrical 

service, where appropriate, is provided at the 

time of new construction or can be achieved 

without substantial reconstruction during 

alterations. 

A commenter asserted that there is nothing 

inherent in clerks’ stations, jury boxes, and 

witness stands that require them to be 

raised. While it would, of course, be easiest 

to provide access by eliminating height 

differences among courtroom elements, the 

Department recognizes that accessibility is 

only one factor that must be considered in the 

design process of a functioning courtroom. 

The need to ensure the ability of the judge to 

maintain order, the need to ensure sight lines 

among the judge, the witness, the jury, and 

other participants, and the need to maintain 

the security of the participants all affect 

the design of the space. The Department 

believes that the 2010 Standards have been 

drafted in a way that will achieve accessibility 

without unduly constraining the ability of a 

designer to address the other considerations 

that are unique to courtrooms.

Commenters argued that permitting 

courtroom stations to be adaptable rather 

than fully accessible at the time of new 

construction likely will lead to discrimination 

in hiring of clerks, court reporters, and other 

court staff. The Department believes that the 

provisions will facilitate, not hinder, the hiring 

of court personnel who have disabilities. All 

courtroom work stations will be on accessible 

routes and will be required to have all fixed 

elements designed in compliance with the 

2010 Standards. Elevated work stations for 

court employees may be designed to add 

vertical access as needed. Since the original 

design must provide the proper space and 

electrical wiring to install vertical access, the 

change should be easily accomplished. 

232 Detention Facilities and Correctional 

Facilities

Section 232 of the 2010 Standards 

establishes requirements for the design and 

construction of cells, medical care facilities, 

and visiting areas in detention facilities and 

in correctional facilities. Section 35.151(k) of 

the Department’s title II rule provides scoping 

for newly constructed general holding cells 

and general housing cells requiring mobility 

features compliant with section 807.2 of 

the 2010 Standards in a minimum of three 
 

Guidance on the 2010 Standards: Titles II and III - 145

Analysis and Commentary on the 2010 ADAStandards

Department of Justice

percent (3%) of cells, but no fewer than one 

cell. Section 232.2 of the 2010 Standards 

provides scoping for newly constructed cells 

with communications features requiring a 

minimum of two percent (2%) of cells, but 

at least one cell, to have communication 

features. 

The Department’s title II rule at 

§ 35.151(k) also specifies scoping for 

alterations to detention and correctional 

facilities. Generally a minimum of three 

percent (3%), but no fewer than one, of the 

total number of altered cells must comply 

with section 807.2 of the 2010 Standards 

and be provided within each facility. Altered 

cells with mobility features must be provided 

in each classification level, including 

administrative and disciplinary segregation, 

each use and service area, and special 

program. The Department notes that the 

three percent (3%), but no fewer than one, 

requirement is a minimum. As corrections 

systems plan for new facilities or alterations, 

the Department urges planners to include in 

their population estimates a projection of the 

numbers of inmates with disabilities so as to 

have sufficient numbers of accessible cells to 

meet inmate needs.

233 Residential Facilities 

Homeless Shelters, Group Homes, and 

Similar Social Service Establishments.

Section 233 of the 2010 Standards includes 

specific scoping and technical provisions that 

apply to new construction and alteration of 

residential facilities. In the 1991 Standards 

scoping and technical requirements for 

homeless shelters, group homes, and similar 

social service establishments were included 

in section 9 Transient Lodging. These types 

of facilities will be covered by section 233 

of the 2010 Standards and by 28 CFR 

35.151(e) and 36.406(d) and will be subject 

to requirements for residential facilities 

rather than the requirements for transient 

lodging. This approach will harmonize federal 

accessibility obligations under both the ADA 

and section 504 of the Rehabilitation Act of 

1973, as amended. In sleeping rooms with 

more than 25 beds that are covered by 

§ 36.406(d) a minimum of five percent (5%) 

of the beds must have clear floor space 

compliant with section 806.2.3 of the 2010 

Standards. In large facilities with more than 

50 beds, at least one roll-in shower compliant 

with section 608.2.2 or section 608.2.3 of the 

2010 Standards must be provided. Where 

separate shower facilities are provided for 

men and for women, at least one roll-in 

shower must be provided for each gender. 

Housing Operated By or On Behalf of 

Places of Education. Housing at a place 

of education includes: residence halls, 

dormitories, suites, apartments, or other 

places of residence operated by or on behalf 

of places of education. Residence halls 

or dormitories operated by or on behalf 

of places of education are covered by the 

provisions in sections 224 and 806 of the 

2010 Standards. The Department has 

included in the title III rule at § 36.406(e) 

requirements that apply to housing at places 

of education that clarify requirements for 
 

146 - Guidance on the 2010 Standards: Titles II and III 

Analysis and Commentary on the 2010 ADAStandards

Department of Justice 

One commenter supported the provisions of 

section 804 of the 2010 Standards but sought 

clarification whether this section applies 

to residential units only, or to lodging and 

office buildings as well. Section 212 makes 

section 804 applicable to all kitchens and 

kitchenettes in covered buildings.

Residential Facilities. Section 4.1.4(11) 

of the UFAS contains scoping requirements 

for the new construction of housing. Under 

the 1991 title II regulation, state and local 

governments had the option of complying 

with the UFAS or the 1991 Standards. After 

the compliance date for the 2010 Standards, 

state and local governments will no longer 

have the option of complying with the UFAS, 

but will have to use the 2010 Standards for 

new construction and alterations. 

Sections 233.1, 233.2, 233.3, 233.3.1, 

and 233.3.2 of the 2010 Standards 

differentiate between entities subject 

to the United States Department of 

Housing and Urban Development (HUD) 

regulations implementing section 504 of the 

Rehabilitation Act of 1973 and entities not 

subject to the HUD regulations. The HUD 

regulations apply to recipients of federal 

financial assistance through HUD, and 

require at least five percent (5%) of dwelling 

units in multi-family projects of five or more 

dwelling units to provide mobility features 

and at least two percent (2%) of the dwelling 

units to provide communication features. 

The HUD regulations define a project unique 

to its programs as “one or more residential 

structures which are covered by a single 

residence halls and dormitories and other 

types of student housing. Requirements for 

housing at a place of education covered by 

the title II rule are included at § 35.151(f). 

Kitchens and Kitchenettes. Section 

4.34.2 of the UFAS requires a clear turning 

space at least 60 inches in diameter or 

an equivalent T-shaped turning space in 

kitchens. Section 4.34.6 requires a clearance 

between opposing base cabinets, counters, 

appliances, or walls of at least 40 inches 

except in a U-shaped kitchen where the 

minimum clearance is 60 inches. 

Section 804 of the 2010 Standards provides 

technical requirements for kitchens and 

kitchenettes. Section 804.2.1 requires that 

pass through kitchens, which have two 

entries and counters, appliances, or cabinets 

on two opposite sides or opposite a parallel 

wall, provide at least 40 inches minimum 

clearance. Section 804.2.2 requires that 

U-shaped kitchens, which are enclosed 

on three continuous sides, provide at least 

60 inches minimum clearance between 

all opposing base cabinets, countertops, 

appliances, or walls within kitchen work 

areas. Kitchens that do not have a cooktop 

or conventional range are exempt from the 

clearance requirements but still must provide 

an accessible route. 

If a kitchen does not have two entries, the 

2010 Standards require the kitchen to have 

60 inches minimum clearance between 

the opposing base cabinets, counters, 

appliances, or walls. 
 

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contract for federal financial assistance or 

application for assistance, or are treated as 

a whole for processing purposes, whether or 

not located on a common site.” To avoid any 

potential conflicts with the HUD regulations, 

the 2010 Standards require residential 

dwelling units subject to the HUD regulations 

to comply with the scoping requirements in 

the HUD regulations, instead of the scoping 

requirements in the 2010 Standards.

For entities not subject to the HUD 

regulations, the 2010 Standards require at 

least five percent (5%) of the dwelling units 

in residential facilities to provide mobility 

features, and at least two percent (2%) of 

the dwelling units to provide communication 

features. The 2010 Standards define facilities 

in terms of buildings located on a site. The 

2010 Standards permit facilities that contain 

15 or fewer dwelling units to apply the 

scoping requirements to all the dwelling units 

that are constructed under a single contract, 

or are developed as whole, whether or not 

located on a common site.

Alterations to Residential Facilities.

Section 4.1.6 of the UFAS requires federal, 

state, and local government housing to 

comply with the general requirements for 

alterations to facilities. Applying the general 

requirements for alterations to housing can 

result in partially accessible dwelling units 

where single elements or spaces in dwelling 

units are altered. 

The 2010 Standards, at sections 202.3 

Exception 3, 202.4, and 233.3, contain 

specific scoping requirements for alterations 

to dwelling units. Dwelling units that are not 

required to be accessible are exempt from 

the general requirements for alterations to 

elements and spaces and for alterations to 

primary function areas. 

The scoping requirements for alterations to 

dwelling units generally are based on the 

requirements in the UFAS:

• Where a building is vacated for purposes 

of alterations and has more than 15 dwelling units, at least five percent (5%) of 

the altered dwelling units are required to 

provide mobility features and at least two 

percent (2%) of the dwelling units are required to provide communication features.

• Where a bathroom or a kitchen is substantially altered in an individual dwelling 

unit and at least one other room is also 

altered, the dwelling unit is required to 

comply with the scoping requirements for 

new construction until the total number 

of dwelling units in the facility required to 

provide mobility features and communication features is met. 

As with new construction, the 2010 

Standards permit facilities that contain 15 

or fewer dwelling units to apply the scoping 

requirements to all the dwelling units that 

are altered under a single contract, or are 

developed as a whole, whether or not located 

on a common site. The 2010 Standards also 

permit a comparable dwelling unit to provide 
 

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mobility features where it is not technically 

feasible for the altered dwelling unit to comply 

with the technical requirements. 

234 and 1002 Amusement Rides

New and Altered Permanently Installed 

Amusement Rides. Section 234 of 

the 2010 Standards sets out scoping 

requirements and section 1002 sets out the 

technical requirements for the accessibility 

of permanently installed amusement rides. 

These requirements apply to newly designed 

and constructed amusement rides and used 

rides when certain alterations are made. 

A commenter raised concerns that smaller 

amusement parks tend to purchase used 

rides more frequently than new rides, and 

that the conversion of a used ride to provide 

the required accessibility may be difficult to 

ensure because of the possible complications 

in modifying equipment to provide 

accessibility. 

The Department agrees with this commenter. 

The Department notes, however, that the 

2010 Standards will require modifications 

to existing amusement rides when a ride’s 

structural and operational characteristics 

are altered to the extent that the ride’s 

performance differs from that specified by the 

manufacturer or the original design. Such an 

extensive alteration to an amusement ride 

may well require that new load and unload 

areas be designed and constructed. When 

load and unload areas serving existing 

amusement rides are newly designed and 

constructed they must be level, provide 

wheelchair turning space, and be on an 

accessible route compliant with Chapter 4 of 

the 2010 Standards except as modified by 

section 1002.2 of the 2010 Standards.

Mobile or Portable Amusement Rides.

The exception in section 234.1 of the 2010 

Standards exempts mobile or portable 

amusement rides, such as those set up for 

short periods of time at carnivals, fairs or 

festivals, from having to comply with the 

2010 Standards. However, even though the 

mobile/portable ride itself is not subject to 

the Standards, these facilities are still subject 

to the ADA’s general requirement to ensure 

that individuals with disabilities have an 

equal opportunity to enjoy the services and 

amenities of these facilities.

Subject to these general requirements, 

mobile or portable amusement rides should 

be located on an accessible route and the 

load and unload areas serving a ride should 

provide a level wheelchair turning space to 

provide equal opportunity for individuals with 

disabilities to be able to participate on the 

amusement ride to the extent feasible. 

One commenter noted that the exception 

in Section 234.1 of the 2010 Standards for 

mobile or portable amusement rides limits 

the opportunities of persons with disabilities 

to participate on amusement rides because 

traveling or temporary amusement rides 

by their nature come to their customers’ 

town or a nearby town rather than the 

customer having to go to them and so are 
 

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less expensive than permanent amusement 

parks. While the Department understands the 

commenter’s concerns, the Department notes 

that most amusement rides are too complex 

to be reasonably modified or re-engineered to 

accommodate the majority of individuals with 

disabilities and that additional complexities 

and safety concerns are added when the 

rides are mobile or portable.

A commenter asked that section 234 of 

the 2010 Standards make clear that the 

requirements for accessible routes include 

the routes leading up to and including the 

loading and unloading areas of amusement 

rides. Sections 206.2.9 and 1002.2 of the 

2010 Standards clarify that the requirements 

for accessible routes include the routes 

leading up to and including the loading and 

unloading areas of amusement rides. 

 

A commenter requested that the final rule 

specifically allow for wheelchair access 

through the exit or other routes, or alternate 

means of wheelchair access routes to 

amusement rides. The commenter stated 

that the concept of wheelchair access 

through the exit or alternate routes was a 

base assumption for the 2010 Standards. 

The commenter noted that the concept is 

apparent in the signage and load/unload 

area provisions in Section 216.12 (“ * * * 

where accessible unload areas also serve as 

accessible load areas, signs indicating the 

location of the accessible load and unload 

areas shall be provided at entries to queues 

and waiting lines”). The Department agrees 

with the commenter that accessible load and 

unload areas may be the same where signs 

that comply with section 216.12 are provided. 

Wheelchair Space or Transfer Seat or 

Transfer Device. Sections 234.3 and 1002.4 

- 1002.6 of the 2010 Standards provide 

that each new and altered amusement ride, 

except for mobile/portable rides and a few 

additional excepted rides, will be required to 

provide at least one type of access by means 

of one wheelchair space or one transfer seat 

or one transfer device (the design of the 

transfer device is not specified). 

Commenters urged the Department to revise 

the requirements for wheelchair spaces 

and transfer seats and devices because 

most amusement rides are too complex to 

be reasonably modified or re-engineered to 

accommodate the majority of individuals with 

disabilities. They argued that the experience 

of amusement rides will be significantly 

reduced if the proposed requirements are 

implemented. 

The 2004 ADAAG, which the Department 

adopted as part of the 2010 Standards, was 

developed with the assistance of an advisory 

committee that included representation from 

the design staffs of major amusement venues 

and from persons with disabilities. The 

Department believes that the resulting 2004 

ADAAG reflected sensitivity to the complex 

problems posed in adapting existing rides by 

focusing on new rides that can be designed 

from the outset to be accessible.
 

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To permit maximum design flexibility, 

the 2010 Standards permit designers to 

determine whether it is more appropriate 

to permit individuals who use wheelchairs 

to remain in their chairs on the ride, or to 

provide for transfer access. 

Maneuvering Space in Load and Unload 

Areas. Sections 234.2 and 1002.3 of 

the 2010 Standards require that a level 

wheelchair turning space be provided at the 

load and unload areas of each amusement 

ride. The turning space must comply with 

sections 304.2 and 304.3. 

Signs Required at Waiting Lines to 

Amusement Rides. Section 216.12 of the 

2010 Standards requires signs at entries to 

queues and waiting lines identifying type and 

location of access for the amusement ride. 

235 and 1003 Recreational Boating 

Facilities

These sections require that accessible boat 

slips and boarding piers be provided. Most 

commenters approved of the requirements 

for recreational boating facility accessibility 

and urged the Department to keep regulatory 

language consistent with those provisions. 

They commented that the requirements 

appropriately reflect industry conditions. 

Individual commenters and disability 

organizations agreed that the 2010 Standards 

achieve acceptable goals for recreational 

boating facility access.

Accessible Route. Sections 206.2.10 and 

1003.2 of the 2010 Standards require an 

accessible route to all accessible boating 

facilities, including boat slips and boarding 

piers at boat launch ramps. Section 1003.2.1 

provides a list of exceptions applicable to 

structures such as gangways, transition 

plates, floating piers, and structures 

containing combinations of these elements 

that are affected by water level changes. 

The list of exceptions specifies alternate 

design requirements applicable to these 

structures which, because of water level 

variables, cannot comply with the slope, 

cross slope, and handrail requirements for 

fixed ramps contained in sections 403.3, 

405.2, 405.3, 405.6, and 405.7 of the 2010 

Standards. Exceptions 3 and 4 in Section 

1003.2.1, which permit a slope greater than 

that specified in Section 405.2, are available 

for structures that meet specified length 

requirements. Section 206.7.10 permits 

the use of platform lifts as an alternative to 

gangways that are part of accessible routes.

Commenters raised concerns that because 

of water level fluctuations it may be difficult 

to provide accessible routes to all accessible 

boating facilities, including boat slips and 

boarding piers at boat launch ramps. One of 

the specific concerns expressed by several 

commenters relates to the limits for running 

slope permitted on gangways that are part 

of an accessible route as gangways may 

periodically have a steeper slope than is 

permitted for a fixed ramp. The exceptions 

contained in section 1003.2 of the 2010 

Standards modify the requirements of 
 

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Chapter 4. For example, where the total 

length of a gangway or series of gangways 

serving as an accessible route is 80 feet 

or more an exception permits the slope on 

gangways to exceed the maximum slope in 

section 405.2. 

Some commenters suggested that 

permissible slope variations could be reduced 

further by introducing a formula that ties 

required gangway length to anticipated 

water level fluctuations. Such a formula 

would incorporate predictions of tidal level 

changes such as those issued by the 

National Oceanographic and Atmospheric 

Administration (NOAA) and the United States 

Geologic Survey (USGS). This suggested 

approach would be an alternative to the 

gangway length exceptions and limits in 

section 1003.2.1 of the 2010 Standards. 

These commenters noted that contemporary 

building materials and techniques make 

gangways of longer length and alternative 

configurations achievable. These 

commenters provided at least one example 

of a regional regulatory authority using this 

type of formula. While this approach may be 

successfully implemented and consistent with 

the goals of the ADA, the example provided 

was applied in a highly developed area 

containing larger facilities. The Department 

has considered that many facilities do not 

have sufficient resources available to take 

advantage of the latest construction materials 

and design innovations. Other commenters 

supported compliance exceptions for facilities 

that are subject to extreme tidal conditions. 

One commenter noted that if a facility is 

located in an area with limited space and 

extreme tidal variations, a disproportionately 

long gangway might intrude into water travel 

routes. The Department has considered a 

wide range of boating facility characteristics 

including size, water surface areas, tidal 

fluctuations, water conditions, variable 

resources, whether the facility is in a highly 

developed or remote location, and other 

factors. The Department has determined 

that the 2010 Standards provide sufficient 

flexibility for such broad application. 

Additionally, the length requirement for 

accessible routes in section 1003.2.1 

provides an easily determinable compliance 

standard.

Accessible Boarding Piers. Where 

boarding piers are provided at boat launch 

ramps, sections 235.3 and 1003.3.2 of the 

2010 Standards require that at least five 

percent (5%) of boarding piers, but at least 

one, must be accessible.

Accessible Boat Slips. Sections 235.2 

and 1003.3.1 of the 2010 Standards require 

that a specified number of boat slips in each 

recreational boating facility meet specified 

accessibility standards. The number of 

accessible boat slips required by the 2010 

Standards is set out in a chart in section 

235.2. One accessible boat slip is required 

for facilities containing 25 or fewer total slips. 

The number of required accessible boat slips 

increases with the total number of slips at the 

facility. Facilities containing more than one 

thousand (1000) boat slips are required to 

provide twelve (12) accessible boat slips plus 
 

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one for each additional one hundred slips at 

the facility.

One commenter asserted the need for 

specificity in the requirement for dispersion of 

accessible slips. Section 235.2.1 of the 2010 

Standards addresses dispersion and requires 

that boat slips “shall be dispersed throughout 

the various types of boat slips provided.” The 

commenter was concerned that if a marina 

could not put accessible slips all on one pier, 

it would have to reconstruct the entire facility 

to accommodate accessible piers, gangways, 

docks and walkways. The provision permits 

required accessible boat slips to be grouped 

together. The Department recognizes that 

economical and structural feasibility may 

produce this result. The 2010 Standards do 

not require the dispersion of the physical 

location of accessible boat slips. Rather, the 

dispersion must be among the various types 

of boat slips offered by the facility. Section 

235.2.1 of the 2010 Standards specifies that 

if the required number has been met, no 

further dispersion is required. For example, 

if a facility offers five different ‘types’ of boat 

slips but is only required to provide three 

according to the table in Section 235.2, that 

facility is not required to provide more than 

three accessible boat slips, but the three 

must be varied among the five ‘types’ of boat 

slips available at the facility.

236 and 1004 Exercise Machines and 

Equipment

Accessible Route to Exercise Machines 

and Equipment. Section 206.2.13 of the 

2010 Standards requires an accessible route 

to serve accessible exercise machines and 

equipment.

Commenters raised concerns that the 

requirement to provide accessible routes 

to serve accessible exercise machines 

and equipment will be difficult for some 

facilities to provide, especially some 

transient lodging facilities that typically 

locate exercise machines and equipment 

in a single room. The Department believes 

that this requirement is a reasonable one in 

new construction and alterations because 

accessible exercise machines and equipment 

can be located so that an accessible route 

can serve more than one piece of equipment. 

Exercise Machines and Equipment. 

Section 236 of the 2010 Standards requires 

at least one of each type of exercise machine 

to meet clear floor space requirements 

of section 1004.1. Types of machines 

are generally defined according to the 

muscular groups exercised or the kind of 

cardiovascular exercise provided.

Several commenters were concerned that 

existing facilities would have to reduce the 

number of available exercise equipment 

and machines in order to comply with the 

2010 Standards. One commenter submitted 

prototype drawings showing equipment and 
 

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machine layouts with and without the required 

clearance specified in the 2010 Standards. 

The accessible alternatives all resulted in a 

loss of equipment and machines. However, 

because these prototype layouts included 

certain possibly erroneous assumptions 

about the 2010 Standards, the Department 

wishes to clarify the requirements. 

Section 1004.1 of the 2010 Standards 

requires a clear floor space “positioned for 

transfer or for use by an individual seated in 

a wheelchair” to serve at least one of each 

type of exercise machine and equipment. 

This requirement provides the designer 

greater flexibility regarding the location of 

the clear floor space than was employed 

by the commenter who submitted prototype 

layouts. The 2010 Standards do not require 

changes to exercise machines or equipment 

in order to make them more accessible 

to persons with disabilities. Even where 

machines or equipment do not have seats 

and typically are used by individuals in a 

standing position, at least one of each type 

of machine or equipment must have a clear 

floor space. Therefore, it is reasonable to 

assume that persons with disabilities wishing 

to use this type of machine or equipment can 

stand or walk, even if they use wheelchairs 

much of the time. As indicated in Advisory 

1004.1, “the position of the clear floor space 

may vary greatly depending on the use of 

the equipment or machine.” Where exercise 

equipment or machines require users to 

stand on them, the clear floor space need 

not be located parallel to the length of the 

machine or equipment in order to provide 

a lateral seat-to-platform transfer. It is 

permissible to locate the clear floor space 

for such machines or equipment in the aisle 

behind the device and to overlap the clear 

floor space and the accessible route. 

Commenters were divided in response to 

the requirement for accessible exercise 

machines and equipment. Some supported 

requirements for accessible machines and 

equipment; others urged the Department 

not to require accessible machines and 

equipment because of the costs involved. 

The Department believes that the 

requirement strikes an appropriate balance 

in ensuring that persons with disabilities, 

particularly those who use wheelchairs, will 

have the opportunity to use the exercise 

equipment. Providing access to exercise 

machines and equipment recognizes 

the need and desires of individuals with 

disabilities to have the same opportunity as 

other patrons to enjoy the advantages of 

exercise and maintaining health.

237 and 1005 Fishing Piers and Platforms

Accessible Route. Sections 206.2.14 and 

1005.1 of the 2010 Standards require an 

accessible route to each accessible fishing 

pier and platform. The exceptions described 

under Recreational Boating above also 

apply to gangways and floating piers. All 

commenters supported the requirements 

for accessible routes to fishing piers and 

platforms.
 

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Accessible Fishing Piers and Platforms.

Sections 237 and 1005 of the 2010 

Standards require at least twenty-five percent 

(25%) of railings, guards, or handrails (if 

provided) to be at a 34-inch maximum height 

(so that a person seated in a wheelchair 

can cast a fishing line over the railing) and 

to be located in a variety of locations on 

the fishing pier or platform to give people 

a variety of locations to fish. An exception 

allows a guard required to comply with the 

IBC to have a height greater than 34 inches. 

If railings, guards, or handrails are provided, 

accessible edge protection and clear floor 

or ground space at accessible railings are 

required. Additionally, at least one turning 

space complying with section 304.3 of the 

2010 Standards is required to be provided on 

fishing piers and platforms. 

Commenters expressed concerns about 

the provision for fishing piers and platforms 

at the exception in section 1005.2.1 of the 

2010 Standards that allows a maximum 

height of 42 inches for a guard when the 

pier or platform is covered by the IBC. Two 

commenters stated that allowing a 42-inch 

guard or railing height for facilities covered 

by another building code would be difficult 

to enforce. They also thought that this would 

hinder access for persons with disabilities 

because the railing height would be too high 

for a person seated in a wheelchair to reach 

over with their fishing pole in order to fish. 

The Department understands these concerns 

but believes that the railing height exception 

is necessary in order to avoid confusion 

resulting from conflicting accessibility 

requirements, and therefore has retained this 

exception.

238 and 1006 Golf Facilities

Accessible Route. Sections 206.2.15, 

1006.2, and 1006.3 of the 2010 Standards 

require an accessible route to connect all 

accessible elements within the boundary 

of the golf course and, in addition, to 

connect golf car rental areas, bag drop 

areas, teeing grounds, putting greens, and 

weather shelters. An accessible route also 

is required to connect any practice putting 

greens, practice teeing grounds, and teeing 

stations at driving ranges that are required 

to be accessible. An exception permits the 

accessible route requirements to be met, 

within the boundaries of the golf course, 

by providing a “golf car passage” (the path 

typically used by golf cars) if specifications for 

width and curb cuts are met. 

Most commenters expressed the general 

viewpoint that nearly all golf courses provide 

golf cars and have either well-defined paths 

or permit the cars to drive on the course 

where paths are not present, and thus meet 

the accessible route requirement. 

The Department received many comments 

requesting clarification of the term “golf car 

passage.” Some commenters recommended 

additional regulatory language specifying 

that an exception from a pedestrian route 

requirement should be allowed only when 

a golf car passage provides unobstructed 
 

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route. Some commenters cautioned that the 

2010 Standards would jeopardize the integrity 

of golf course designs that utilize natural 

terrain elements and elevation changes to set 

up shots and create challenging golf holes.

The Department has given careful 

consideration to the comments and has 

decided to adopt the 2010 Standards 

requiring that at least one accessible route 

connect accessible elements and spaces 

within the boundary of the golf course 

including teeing grounds, putting greens, 

and weather shelters, with an exception 

provided that golf car passages shall be 

permitted to be used for all or part of required 

accessible routes. In response to requests 

for clarification of the term “golf car passage,” 

the Department points out that golf car 

passage is merely a pathway on which a 

motorized golf car can operate and includes 

identified or paved paths, teeing grounds, 

fairways, putting greens, and other areas of 

the course. Golf cars cannot traverse steps 

and exceedingly steep slopes. A nine-hole 

golf course or an executive golf course that 

lacks an identified golf car path but provides 

golf car passage to teeing grounds, putting 

greens, and other elements throughout the 

course may utilize the exception for all or 

part of the accessible pedestrian route. The 

exception in section 206.2.15 of the 2010 

Standards does not exempt golf courses 

from their obligation to provide access to 

necessary elements of the golf course; 

rather, the exception allows a golf course to 

use a golf car passage for part or all of the 

accessible pedestrian route to ensure that 

access onto the teeing ground, putting 

green, or other accessible element of the 

course so that an accessible golf car can 

have full access to those elements. These 

commenters cautioned that full and equal 

access would not be provided if a golfer were 

required to navigate a steep slope up or 

down a hill or a flight of stairs in order to get 

to the teeing ground, putting green, or other 

accessible element of the course. 

Conversely, another commenter requesting 

clarification of the term “golf car passage” 

argued that golf courses typically do not 

provide golf car paths or pedestrian paths 

up to actual tee grounds or greens, many 

of which are higher or lower than the car 

path. This commenter argued that if golf 

car passages were required to extend onto 

teeing grounds and greens in order to qualify 

for an exception, then some golf courses 

would have to substantially regrade teeing 

grounds and greens at a high cost. 

Some commenters argued that older golf 

courses, small nine-hole courses, and 

executive courses that do not have golf car 

paths would be unable to comply with the 

accessible route requirements because of the 

excessive cost involved. A commenter noted 

that, for those older courses that have not yet 

created an accessible pedestrian route or golf 

car passage, the costs and impacts to do so 

should be considered.

A commenter argued that an accessible route 

should not be required where natural terrain 

makes it infeasible to create an accessible 
 

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persons with mobility disabilities can fully and 

equally participate in the recreational activity 

of playing golf.

Accessible Teeing Grounds, Putting 

Greens, and Weather Shelters. Sections 

238.2 and 1006.4 of the 2010 Standards 

require that golf cars be able to enter and 

exit each putting green and weather shelter. 

Where two teeing grounds are provided, 

the forward teeing ground is required to 

be accessible (golf car can enter and exit). 

Where three or more teeing grounds are 

provided, at least two, including the forward 

teeing ground, must be accessible.

A commenter supported requirements for 

teeing grounds, particularly requirements 

for accessible teeing grounds, noting that 

accessible teeing grounds are essential to 

the full and equal enjoyment of the golfing 

experience. 

A commenter recommended that existing golf 

courses be required to provide access to only 

one teeing ground per hole. The majority of 

commenters reported that most public and 

private golf courses already provide golf car 

passage to teeing grounds and greens. The 

Department has decided that it is reasonable 

to maintain the requirement. The 2010 

Standards provide an exception for existing 

golf courses with three or more teeing 

grounds not to provide golf car passage 

to the forward teeing ground where terrain 

makes such passage infeasible.

Section 1006.3.2 of the 2010 Standards 

requires that where curbs or other 

constructed barriers prevent golf cars from 

entering a fairway, openings 60 inches wide 

minimum shall be provided at intervals not to 

exceed 75 yards.

A commenter disagreed with the requirement 

that openings 60 inches wide minimum be 

installed at least every 75 yards, arguing 

that a maximum spacing of 75 yards may 

not allow enough flexibility for terrain and 

hazard placements. To resolve this problem, 

the commenter recommended that the 

standards be modified to require that each 

golf car passage include one 60-inch wide 

opening for an accessible golf car to reach 

the tee, and that one opening be provided 

where necessary for an accessible golf 

car to reach a green. The requirement for 

openings where curbs or other constructed 

barriers may otherwise prevent golf cars 

from entering a fairway allows the distance 

between openings to be less than every 75 

yards. Therefore, the Department believes 

that the language in section 1006.3.2 of the 

2010 Standards allows appropriate flexibility. 

Where a paved path with curbs or other 

constructed barrier exists, the Department 

believes that it is essential that openings 

be provided to enable golf car passages to 

access teeing grounds, fairways and putting 

greens, and other required elements. Golf 

car passage is not restricted to a paved path 

with curbs. Golf car passage also includes 

fairways, teeing grounds, putting greens, and 

other areas on which golf cars operate.
 

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Accessible Practice Putting Greens, 

Practice Teeing Grounds, and Teeing 

Stations at Driving Ranges. Section 

238.3 of the 2010 Standards requires that 

five percent (5%) but at least one of each 

of practice putting greens, practice teeing 

grounds, and teeing stations at driving ranges 

must permit golf cars to enter and exit. 

239 and 1007 Miniature Golf Facilities

Accessible Route to Miniature Golf Course 

Holes. Sections 206.2.16, 239.3, and 1007.2 

of the 2010 Standards require an accessible 

route to connect accessible miniature golf 

course holes and the last accessible hole on 

the course directly to the course entrance 

or exit. Accessible holes are required to be 

consecutive with an exception permitting one 

break in the sequence of consecutive holes 

provided that the last hole on the miniature 

golf course is the last hole in the sequence.

Many commenters supported expanding 

the exception from one to multiple breaks 

in the sequence of accessible holes. One 

commenter noted that permitting accessible 

holes with breaks in sequence would enable 

customers with disabilities to enjoy the 

landscaping, water and theme elements of 

the miniature golf course. Another commenter 

wrote in favor of allowing multiple breaks in 

accessible holes with a connecting accessible 

route. 

Other commenters objected to allowing 

multiple breaks in the sequence of miniature 

golf holes. Commenters opposed to this 

change argued that allowing any breaks 

in the sequence of accessible holes at a 

miniature golf course would disrupt the flow 

of play for persons with disabilities and 

create a less socially integrated experience. 

A commenter noted that multiple breaks in 

sequence would not necessarily guarantee 

the provision of access to holes that are most 

representative of those with landscaping, 

water elements, or a fantasy-like experience. 

The Department has decided to retain the 

exception without change. Comments did 

not provide a sufficient basis on which to 

conclude that allowing multiple breaks in 

the sequence of accessible holes would 

necessarily increase integration of accessible 

holes with unique features of miniature golf 

courses. Some designs of accessible holes 

with multiple breaks in the sequence might 

provide equivalent facilitation where persons 

with disabilities gain access to landscaping, 

water or theme elements not otherwise 

represented in a consecutive configuration 

of accessible holes. A factor that might 

contribute to equivalent facilitation would 

be an accessible route designed to bring 

persons with disabilities to a unique feature, 

such as a waterfall, that would otherwise not 

be served by an accessible route connecting 

consecutive accessible holes.

Specified exceptions are permitted for 

accessible route requirements when located 

on the playing surfaces near holes.
 

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Accessible Miniature Golf Course Holes.

Sections 239.2 and 1007.3 of the 2010 

Standards require at least fifty percent (50%) 

of golf holes on miniature golf courses to be 

accessible, including providing a clear floor or 

ground space that is 48 inches minimum by 

60 inches minimum with slopes not steeper 

than 1:48 at the start of play. 

240 and 1008 Play Areas 

Section 240 of the 2010 Standards provides 

scoping for play areas and section 1008 

provides technical requirements for play 

areas. Section 240.1 of the 2010 Standards 

sets requirements for play areas for children 

ages 2 and over and covers separate play 

areas within a site for specific age groups. 

Section 240.1 also provides four exceptions 

to the requirements that apply to family 

child care facilities, relocation of existing 

play components in existing play areas, 

amusement attractions, and alterations to 

play components where the ground surface is 

not altered.

Ground Surfaces. Section 1008.2.6 of 

the 2010 Standards provides technical 

requirements for accessible ground surfaces 

for play areas on accessible routes, 

clear floor or ground spaces, and turning 

spaces. These ground surfaces must follow 

special rules, incorporated by reference 

from nationally recognized standards for 

accessibility and safety in play areas, 

including those issued by the American 

Society for Testing and Materials (ASTM).

A commenter recommended that 

the Department closely examine the 

requirements for ground surfaces at play 

areas. The Department is aware that there 

is an ongoing controversy about play area 

ground surfaces arising from a concern 

that some surfaces that meet the ASTM 

requirements at the time of installation will 

become inaccessible if they do not receive 

constant maintenance. The Access Board 

is also aware of this issue and is working to 

develop a portable field test that will provide 

more relevant information on installed play 

surfaces. The Department would caution 

covered entities selecting among the 

ground surfacing materials that comply 

with the ASTM requirements that they must 

anticipate the maintenance costs that will 

be associated with some of the products. 

Permitting a surface to deteriorate so that it 

does not meet the 2010 Standards would be 

an independent violation of the Department’s 

ADA regulations.

Accessible Route to Play Components.

Section 206.2.17 of the 2010 Standards 

provides scoping requirements for accessible 

routes to ground level and elevated play 

components and to soft contained play 

structures. Sections 240.2 and 1008 of the 

2010 Standards require that accessible 

routes be provided for play components. The 

accessible route must connect to at least one 

ground level play component of each different 

type provided (e.g., for different experiences 

such as rocking, swinging, climbing, 

spinning, and sliding). Table 240.2.1.2 sets 
 

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requirements for the number and types of 

ground level play components required to be 

on accessible routes. When elevated play 

components are provided, an accessible 

route must connect at least fifty percent 

(50%) of the elevated play components. 

Section 240.2.1.2, provides an exception 

to the requirements for ground level play 

components if at least fifty percent (50%) of 

the elevated play components are connected 

by a ramp and at least three of the elevated 

play components connected by the ramp are 

different types of play components.

The technical requirements at section 1008 

include provisions where if three or fewer 

entry points are provided to a soft contained 

play structure, then at least one entry point 

must be on an accessible route. In addition, 

where four or more entry points are provided 

to a soft contained play structure, then at 

least two entry points must be served by an 

accessible route. 

If elevated play components are provided, 

fifty percent (50%) of the elevated 

components are required to be accessible. 

Where 20 or more elevated play components 

are provided, at least twenty five percent 

(25%) will have to be connected by a 

ramp. The remaining play components are 

permitted to be connected by a transfer 

system. Where less than 20 elevated play 

components are provided, a transfer system 

is permitted in lieu of a ramp. 

A commenter noted that the 2010 Standards 

allow for the provision of transfer steps to 

elevated play structures based on the number 

of elevated play activities, but asserted that 

transfer steps have not been documented as 

an effective means of access.

The 2010 Standards recognize that play 

structures are designed to provide unique 

experiences and opportunities for children. 

The 2010 Standards provide for play 

components that are accessible to children 

who cannot transfer from their wheelchair, 

but they also provide opportunities for 

children who are able to transfer. Children 

often interact with their environment in ways 

that would be considered inappropriate for 

adults. Crawling and climbing, for example, 

are integral parts of the play experience for 

young children. Permitting the use of transfer 

platforms in play structures provides some 

flexibility for creative playground design.

Accessible Play Components. Accessible 

play components are required to be on 

accessible routes, including elevated 

play components that are required to be 

connected by ramps. These play components 

must also comply with other accessibility 

requirements, including specifications for 

clear floor space and seat heights (where 

provided).

A commenter expressed concerns that the 

general requirements of section 240.2.1 

of the 2010 Standards and the advisory 

accompanying section 240.2.1 conflict. The 

comment asserts that section 240.2.1 of 

the 2010 Standards provides that the only 

requirement for integration of equipment is 
 

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usefulness in providing accessible saunas 

and steam rooms. The Department believes 

that there is an element of risk in many 

activities available to the general public. 

One of the major tenets of the ADA is that 

individuals with disabilities should have the 

same opportunities as other persons to 

decide what risks to take. It is not appropriate 

for covered entities to prejudge the abilities of 

persons with disabilities.

242 and 1009 Swimming Pools, Wading 

Pools, and Spas

Accessible Means of Entry to Pools.

Section 242 of the 2010 Standards requires 

at least two accessible means of entry for 

larger pools (300 or more linear feet) and at 

least one accessible entry for smaller pools. 

This section requires that at least one entry 

will have to be a sloped entry or a pool lift; 

the other could be a sloped entry, pool lift, a 

transfer wall, or a transfer system (technical 

specifications for each entry type are included 

at section 1009).

Many commenters supported the scoping 

and technical requirements for swimming 

pools. Other commenters stated that the cost 

of requiring facilities to immediately purchase 

a pool lift for each indoor and outdoor 

swimming pool would be very significant 

especially considering the large number of 

swimming pools at lodging facilities. One 

commenter requested that the Department 

clarify what would be an “alteration” to 

a swimming pool that would trigger the 

where there are two or more required ground 

level play components, while the advisory 

appears to suggest that all accessible 

components must be integrated. 

The commenter misinterprets the 

requirement. The ADA mandates that persons 

with disabilities be able to participate in 

programs or activities in the most integrated 

setting appropriate to their needs. Therefore, 

all accessible play components must be 

integrated into the general playground 

setting. Section 240.2.1 of the 2010 

Standards specifies that where there is 

more than one accessible ground level play 

component, the components must be both 

dispersed and integrated. 

241 and 612 Saunas and Steam Rooms

Section 241 of the 2010 Standards sets 

scoping for saunas and steam rooms and 

section 612 sets technical requirements 

including providing accessible turning space 

and an accessible bench. Doors are not 

permitted to swing into the clear floor or 

ground space for the accessible bench. 

The exception in section 612.2 of the 2010 

Standards permits a readily removable 

bench to obstruct the required wheelchair 

turning space and the required clear floor or 

ground space. Where they are provided in 

clusters, five percent (5%) but at least one 

sauna or steam room in each cluster must be 

accessible.

Commenters raised concerns that the safety 

of individuals with disabilities outweighs the 
 

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obligation to comply with the accessible 

means of entry in the 2010 Standards.

Alterations are covered by section 202.3 

of the 2010 Standards and the definition of 

“alteration” is provided at section 106.5. A 

physical change to a swimming pool which 

affects or could affect the usability of the pool 

is considered to be an alteration. Changes 

to the mechanical and electrical systems, 

such as filtration and chlorination systems, 

are not alterations. Exception 2 to section 

202.3 permits an altered swimming pool to 

comply with applicable requirements to the 

maximum extent feasible if full compliance is 

technically infeasible. “Technically infeasible” 

is also defined in section 106.5 of the 2010 

Standards.

The Department also received comments 

suggesting that it is not appropriate to require 

two accessible means of entry to wave pools, 

lazy rivers, sand bottom pools, and other 

water amusements where there is only one 

point of entry. Exception 2 of Section 242.2 

of the 2010 Standards exempts pools of this 

type from having to provide more than one 

accessible means of entry provided that the 

one accessible means of entry is a swimming 

pool lift compliant with section 1009.2, a 

sloped entry compliant with section 1009.3, 

or a transfer system compliant with section 

1009.5 of the 2010 Standards. 

Accessible Means of Entry to Wading 

Pools. Sections 242.3 and 1009.3 of the 

2010 Standards require that at least one 

sloped means of entry is required into the 

deepest part of each wading pool. 

Accessible Means of Entry to Spas.

Sections 242.4 and 1009.2, 1009.4, and 

1009.5 of the 2010 Standards require spas 

to meet accessibility requirements, including 

an accessible means of entry. Where spas 

are provided in clusters, five percent (5%) 

but at least one spa in each cluster must be 

accessible. A pool lift, a transfer wall, or a 

transfer system will be permitted to provide 

the required accessible means of entry. 

243 Shooting Facilities with Firing 

Positions

Sections 243 and 1010 of the 2010 

Standards require an accessible turning 

space for each different type of firing 

position at a shooting facility if designed and 

constructed on a site. Where firing positions 

are provided in clusters, five percent (5%), 

but at least one position of each type in each 

cluster must be accessible. 

Additional Technical Requirements

302.1 Floor or Ground Surfaces

Both section 4.5.1 of the 1991 Standards and 

section 302.2 of the 2010 Standards require 

that floor or ground surfaces along accessible 

routes and in accessible rooms and spaces 

be stable, firm, slip-resistant, and comply 

with either section 4.5 in the case of the 1991 

Standards or section 302 in the case of the 

2010 Standards. 
 

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Commenters recommended that the 

Department apply an ASTM Standard 

(with modifications) to assess whether a 

floor surface is “slip resistant” as required 

by section 302.1 of the 2010 Standards. 

The Department declines to accept this 

recommendation since, currently, there is no 

generally accepted test method for the slipresistance of all walking surfaces under all 

conditions. 

304 Turning Space

Section 4.2.3 of the 1991 Standards and 

Section 304.3 of the 2010 Standards 

allow turning space to be either a circular 

space or a T-shaped space. Section 304.3 

permits turning space to include knee and 

toe clearance complying with section 306. 

Section 4.2.3 of the 1991 Standards did not 

specifically permit turning space to include 

knee and toe clearance. Commenters urged 

the Department to retain the turning space 

requirement, but exclude knee and toe 

clearance from being permitted as part of this 

space. They argued that wheelchairs and 

other mobility devices are becoming larger 

and that more individuals with disabilities 

are using electric three and four-wheeled 

scooters which cannot utilize knee clearance.

The Department recognizes that the 

technical specifications for T-shaped and 

circular turning spaces in the 1991 and 2010 

Standards, which are based on manual 

wheelchair dimensions, may not adequately 

meet the needs of individuals using larger 

electric scooters. However, there is no 

consensus about the appropriate dimension 

on which to base revised requirements. 

The Access Board is conducting research 

to study this issue in order to determine if 

new requirements are warranted. For more 

information, see the Access Board’s website 

at http://www.access-board.gov/research/

current-projects.htm#suny. The Department 

plans to wait for the results of this study 

and action by the Access Board before 

considering any changes to the Department’s 

rules. Covered entities may wish to consider 

providing more than the minimum amount 

of turning space in confined spaces where 

a turn will be required. Appendix section 

A4.2.3 and Fig. A2 of the 1991 Standards 

provide guidance on additional space for 

making a smooth turn without bumping into 

surrounding objects. 

404 Doors, Doorways, and Gates

Automatic Door Break Out Openings. The 

1991 Standards do not contain any technical 

requirement for automatic door break out 

openings. The 2010 Standards at sections 

404.1, 404.3, 404.3.1, and 404.3.6 require 

automatic doors that are part of a means of 

egress and that do not have standby power 

to have a 32-inch minimum clear break 

out opening when operated in emergency 

mode. The minimum clear opening width 

for automatic doors is measured with all 

leaves in the open position. Automatic biparting doors or pairs of swinging doors 

that provide a 32-inch minimum clear break 

out opening in emergency mode when 

both leaves are opened manually meet the 
 

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technical requirement. Section 404.3.6 of the 

2010 Standards includes an exception that 

exempts automatic doors from the technical 

requirement for break out openings when 

accessible manual swinging doors serve the 

same means of egress. 

Maneuvering Clearance or Standby Power 

for Automatic Doors. Section 4.13.6 

of the 1991 Standards does not require 

maneuvering clearance at automatic doors. 

Section 404.3.2 of the 2010 Standards 

requires automatic doors that serve as an 

accessible means of egress to either provide 

maneuvering clearance or to have standby 

power to operate the door in emergencies. 

This provision has limited application and will 

affect, among others, in-swinging automatic 

doors that serve small spaces. 

Commenters urged the Department to 

reconsider provisions that would require 

maneuvering clearance or standby power 

for automatic doors. They assert that these 

requirements would impose unreasonable 

financial and administrative burdens on all 

covered entities, particularly smaller entities. 

The Department declines to change these 

provisions because they are fundamental lifesafety issues. The requirement applies only 

to doors that are part of a means of egress 

that must be accessible in an emergency. If 

an emergency-related power failure prevents 

the operation of the automatic door, a person 

with a disability could be trapped unless there 

is either adequate maneuvering room to 

open the door manually or a back-up power 

source. 

Thresholds at Doorways. The 1991 

Standards, at section 4.13.8, require the 

height of thresholds at doorways not to 

exceed 1⁄2 inch and thresholds at exterior 

sliding doors not to exceed 3⁄4 inch. Sections 

404.1 and 404.2.5 of the 2010 Standards 

require the height of thresholds at all 

doorways that are part of an accessible route 

not to exceed 1⁄2 inch. The 1991 Standards 

and the 2010 Standards require raised 

thresholds that exceed 1⁄4 inch in height 

to be beveled on each side with a slope 

not steeper than 1:2. The 2010 Standards 

include an exception that exempts existing 

and altered thresholds that do not exceed 3⁄4 

inch in height and are beveled on each side 

from the requirement. 

505 Handrails

The 2010 Standards add a new technical 

requirement at section 406.3 for handrails 

along walking surfaces. 

The 1991 Standards, at sections 4.8.5, 4.9.4, 

and 4.26, and the 2010 Standards, at section 

505, contain technical requirements for 

handrails. The 2010 Standards provide more 

flexibility than the 1991 Standards as follows:

• Section 4.26.4 of the 1991 Standards requires handrail gripping surfaces to have 

edges with a minimum radius of 1/8 inch. 

Section 505.8 of the 2010 Standards requires handrail gripping surfaces to have 

rounded edges.
 

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• Section 4.9.4 of the 1991 Standards 

requires handrails at the bottom of stairs 

to continue to slope for a distance of the 

width of one tread beyond the bottom riser 

nosing and to further extend horizontally 

at least 12 inches. Section 505.10 of the 

2010 Standards requires handrails at the 

bottom of stairs to extend at the slope of 

the stair flight for a horizontal distance at 

least equal to one tread depth beyond the 

last riser nosing. Section 4.1.6(3) of the 

1991 Standards has a special technical 

provision for alterations to existing facilities that exempts handrails at the top and 

bottom of ramps and stairs from providing 

full extensions where it will be hazardous 

due to plan configuration. Section 505.10 

of the 2010 Standards has a similar exception that applies in alterations.

A commenter noted that handrail extensions 

are currently required at the top and bottom 

of stairs, but the proposed regulations do 

not include this requirement, and urged the 

Department to retain the current requirement. 

Other commenters questioned the need for 

the extension at the bottom of stairs.

Sections 505.10.2 and 505.10.3 of the 2010 

Standards require handrail extensions at 

both the top and bottom of a flight of stairs. 

The requirement in the 1991 Standards that 

handrails extend horizontally at least 

12 inches beyond the width of one tread at 

the bottom of a stair was changed in the 2004 

ADAAG by the Access Board in response to 

public comments. Existing horizontal handrail 

• Section 4.26.2 of the 1991 Standards requires handrail gripping surfaces to have 

a diameter of 1 1⁄4 inches to 1 1⁄2 inches, or 

to provide an equivalent gripping surface. 

Section 505.7 of the 2010 Standards 

requires handrail gripping surfaces with a 

circular cross section to have an outside 

diameter of 1 1⁄4 inches to 2 inches. Handrail gripping surfaces with a non-circular 

cross section must have a perimeter 

dimension of 4 inches to 6 1⁄4 inches, and 

a cross section dimension of 2 1⁄4 inches 

maximum.

• Sections 4.8.5 and 4.9.4 of the 1991 Standards require handrail gripping surfaces to 

be continuous, and to be uninterrupted by 

newel posts, other construction elements, 

or obstructions. Section 505.3 of the 

2010 Standards sets technical requirements for continuity of gripping surfaces. 

Section 505.6 requires handrail gripping 

surfaces to be continuous along their 

length and not to be obstructed along their 

tops or sides. The bottoms of handrail 

gripping surfaces must not be obstructed 

for more than twenty percent (20%) of 

their length. Where provided, horizontal 

projections must occur at least 1 1⁄2 inches 

below the bottom of the handrail gripping 

surface. An exception permits the distance between the horizontal projections 

and the bottom of the gripping surface to 

be reduced by 1/8 inch for each 1⁄2 inch of 

additional handrail perimeter dimension 

that exceeds 4 inches.
 

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extensions that comply with 4.9.4(2) of the 

1991 Standards should meet or exceed the 

requirements of the 2010 Standards.

Commenters noted that the 2010 Standards 

will require handrail gripping surfaces 

with a circular cross section to have an 

outside diameter of 2 inches, and that this 

requirement would impose a physical barrier 

to individuals with disabilities who need 

the handrail for stability and support while 

accessing stairs.

The requirement permits an outside diameter 

of 1 1⁄4 inches to 2 inches. This range allows 

flexibility in meeting the needs of individuals 

with disabilities and designers and architects. 

The Department is not aware of any data 

indicating that an outside diameter of 

2 inches would pose any adverse impairment 

to use by individuals with disabilities. 

Handrails Along Walkways. The 1991 

Standards do not contain any technical 

requirement for handrails provided along 

walkways that are not ramps. Section 403.6 

of the 2010 Standards specifies that where 

handrails are provided along walkways 

that are not ramps, they shall comply with 

certain technical requirements. The change is 

expected to have minimal impact.