1

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

Common ADA Errors and Omissions

in New Construction and Alterations

Introduction

The ADA requires that new

construction and alterations to

existing facilities comply with the

ADA Standards for Accessible

Design1 (Standards). ADA

requirements for new construction

and alterations include detailed

provisions for elements, spaces,

and facilities. Successful accessibility is often measured in inches,

so attention to detail can make the

difference between achieving

access and excluding or injuring

someone. When the ADA’s

minimum

requirements are

not met, the

results can limit

or exclude a

person with a

disability and

can be dangerous. For example, when a curb

ramp extends into an

access aisle at an

accessible parking space,

a person using a wheelchair

may not be able to get out of

the car or van. When the slope

of a sidewalk that is an accessible

route becomes steeper than 1 to 20,

railings and edge protection are

required for safe use. Objects that

project into circulation spaces from

the side or that do not provide at

least 80 inches of head clearance

can be extremely hazardous to

people who are blind or who have

low vision.

This document lists a sampling of

common accessibility errors or

omissions that have been identified

through the Department of

Justice’s ongoing enforcement

efforts. The specific requirement

of the Standards

that has not been

met follows each

error/omission.

All references to

figures can be

found in the

Standards. The

list of errors/

omissions provides examples of

common deficiencies. It is not

intended to be

comprehensive or

exhaustive. Any

failure to comply with the Standards violates the ADA.

For additional information about

the design and construction

requirements of the Americans

with Disabilities Act (ADA),

contact the Department of Justice

ADA Information Line. This free

service provides answers to

general and technical questions

about ADA requirements and is a

source for free ADA materials

including the ADA Standards for

Accessible Design. You may reach

the ADA Information Line at:

800 - 514 - 0301 (voice) or

800 - 514 - 0383 (TTY).

ADA information is also available

on the Department’s ADA Home

Page on the World Wide Web at

(http://www.usdoj.gov/crt/ada/

adahom1.htm).

Reproduction of this document is

encouraged.

1 State and local governments currently have the option to choose the

Standards or the Uniform Federal Accessibility Standard (UFAS).

6/97
2

Result:

When an access aisle has a sloped

surface, a wheelchair may roll

away from a car or van preventing

the wheelchair user from getting

out of the vehicle. The sloped

surface also prevents a vanmounted wheelchair lift from being

fully-lowered to the access aisle

surface.

Parking

Requirement:

4.6.3* Parking Spaces. ...Parking

spaces and access aisles shall be

level with surface slopes not

exceeding 1:50 (2%) in all directions.

Error/Omission:

The built-up curb ramp projects into the access aisle.

The accessible parking space and access aisle is not level in all

directions.

Error/Omission:

There is no accessible route from accessible parking to an

accessible entrance.

Result:

A person using a wheelchair,

scooter, or walker has no way of

getting from the accessible parking

space to the building entrance.

Often when there is an inaccessible

walkway provided for others,

wheelchair users must use a

roadway or vehicular route which

can be dangerous.

Requirement:

4.6.3* Parking Spaces. ...Parking

access aisles shall be part of an

accessible route to the building or

facility entrance and shall comply

with 4.3.

Error/Omission:

No van accessible spaces are provided in the parking area.

Result:

A person who uses a van equipped

with a wheelchair lift has inadequate space to lower the wheelchair lift and get out of the vehicle.

Requirement:

4.1.2 (5)(b) One in every eight

accessible spaces, but not less than

one, shall be served by an access

aisle 96 in (2440 mm) wide.

* Asterisk denotes that related, non-mandatory material is in the

Appendix to the Standards.
3

Requirement:

minimum and shall be designated

“van accessible” as required by

4.6.4. The vertical clearance at

such spaces shall comply with

4.6.5. All such spaces may be

grouped on one level of a parking

structure.

Accessible Route - Exterior

Error/Omission:

The pedestrian routes on a site from public transportation stops,

accessible parking spaces, passenger loading zones, and public

streets and sidewalks to the accessible entrance(s) are not

accessible.

Curb Ramps

Error/Omission:

Curb ramp that is located across a circulation path has steep

unprotected side flares.

Result:

People walking across the curb

ramp may trip and be injured.

People who use wheelchairs can

tip over if they accidentally roll

over the non-flared sides.

Requirement:

4.7.5 Sides of Curb Ramps. If a

curb ramp is located where pedestrians must walk across the ramp,

or where it is not protected by

handrails or guardrails, it shall

have flared sides; the maximum

slope of the flare shall be 1:10 (see

Fig. 12(a)). Curb ramps with

returned curbs may be used where

pedestrians would not normally

walk across the ramp (see Fig.

12(b)).

Result:

People with disabilities cannot

travel from the site entry points to

the accessible entrance(s). In some

cases, people must use vehicular

routes which can be dangerous.

Requirement:

4.1.2 (1) At least one accessible

route complying with 4.3 shall be

provided within the boundary of

the site from public transportation

stops, accessible parking spaces,

passenger loading zones if provided, and public streets or sidewalks, to an accessible building

entrance.

Van-accessible (continued)
4

Ramps

Error/Omission:

Landing areas where ramps change direction (e.g., switchbacks

or 90° turns) are too small.

Result:

Wheelchair users are unable to go

up or down the ramp because there

is not enough space to turn on a

level surface. This makes the ramp

unusable.

Requirement:

4.8.4* (3) If ramps change direction at landings, the minimum

landing size shall be 60 in by 60 in

(1525 mm by 1525 mm).

Error/Omission:

Parts of an accessible route with slopes that exceed 1:20 lack

required features including handrails and edge protection.

Result:

When a walkway or other pedestrian surface has a slope greater

then 1:20, it is more difficult to

maintain control of a wheelchair.

Wheelchair users may also not be

able to climb up the sloped route

without railings. Lack of edge

protection may result in injury if a

wheelchair user rolls off the side of

the route. People who use a

mobility device such as crutches, a

cane, or a walker may lose their

balance or fall while using a sloped

section that does not have handrails

or edge protection.

Requirement:

4.8.1* General. Any part of an

accessible route with a slope

greater than 1:20 shall be considered a ramp and shall comply with

4.8.

Stairs

Error/Omission:

Handrail extensions are not provided at the top and bottom

risers.

Result:

People who use crutches or a cane

or who have limited balance may

fall at the top or bottom of the

stairs because they have no railing

to hold onto as they make the

transition from the steps to the

landing.

Requirement:

4.9.4(2) If handrails are not

continuous, they shall extend at

least 12 in (305 mm) beyond the

top riser and at least 12 in (305
5

mm) plus the width of one tread

beyond the bottom riser. At the

top, the extension shall be parallel

with the floor or ground surface.

At the bottom, the handrail shall

continue to slope for a distance of

the width of one tread from the

bottom riser; the remainder of the

extension shall be horizontal (see

Fig. 19(c) and (d)). Handrail

extensions shall comply with 4.4.

Doors

Error/Omission:

Adequate maneuvering clearance is not provided at doors,

including doors to accessible toilet stalls.

Result:

A person using a wheelchair

cannot open the door without a

clear level area in front of and

adjacent to the door that provides a

place to maneuver.

Requirement:

4.13.6 Maneuvering Clearances at

Doors. Minimum maneuvering

clearances at doors that are not

automatic or power-assisted shall

be as shown in Fig. 25. The floor

or ground area within the required

clearances shall be level and clear.

4.17.5* Doors. Toilet stall doors,

including door hardware, shall

comply with 4.13. If toilet stall

approach is from the latch side of

the stall door, clearance between

the door side of the stall and any

obstruction may be reduced to a

minimum of 42 in (1065 mm) (Fig.

30).

Requirement:

Stairs (continued)
6

Error/Omission:

The shape of the door hardware requires tight grasping,

pinching, and twisting of the wrist to use.

Result:

The door cannot be opened if the

user cannot operate the latch or

handle.

Requirement:

4.13.9* Door Hardware. Handles,

pulls, latches, locks, and other

operating devices on accessible

doors shall have a shape that is

easy to grasp with one hand and

does not require tight grasping,

tight pinching, or twisting of the

wrist to operate. Lever-operated

mechanisms, push-type mechanisms, and U-shaped handles are

acceptable designs. When sliding

doors are fully open, operating

hardware shall be exposed and

usable from both sides. Hardware

required for accessible door

passage shall be mounted no

higher than 48 in (1220 mm)

above finished floor.

Circulation Paths

Error/Omission:

Objects protrude into circulation paths from the side or from

posts.

Objects that overhang circulation paths do not provide clear

headroom.
7

Result:

People who are blind or who have

low vision can be seriously injured

when they cannot detect an object

by using the sweep of their cane.

Requirement:

4.1.2 (3) All objects that protrude

from surfaces or posts into circulation paths shall comply with 4.4.

4.1.3 (2) All objects that overhang

or protrude into circulation paths

shall comply with 4.4.

4.4.1* General. Objects projecting

from walls (for example, telephones) with their leading edges

between 27 in and 80 in (685mm

and 2030 mm) above the finished

floor shall protrude no more than 4

in (100 mm) into walks, halls,

corridors, passageways, or aisles

(see Fig. 8(a)). Objects mounted

with their leading edges at or

below 27 in (685 mm) above the

finished floor may protrude any

amount (see Fig. 8(a) and (b)).

Free-standing objects mounted on

posts or pylons may overhang 12

in (305 mm) maximum from 27 in

to 80 in (685 mm to 2030 mm)

above the ground or finished floor

(see Fig. 8(c) and (d)). Protruding

objects shall not reduce the clear

width of an accessible route or

maneuvering space (see Fig.8(e)).

4.4.2 Head Room. Walks, halls

corridors, passageways, aisles, or

other circulation spaces shall have

80 in (2030 mm) minimum clear

head room (see Fig. 8(a)). If

vertical clearance of an area

adjoining an accessible route is

reduced to less than 80 in (nominal

dimension), a barrier to warn blind

or visually-impaired persons shall

be provided (see Fig. 8(c-1)).

Toilet Rooms and Bathrooms

Error/Omission:

Where toilet rooms or bathrooms are provided, not all public

and common use toilet rooms and bathrooms (including locker

rooms and toilet rooms for employee use) are accessible.

Circulation Paths (continued)
8

Result:

People with disabilities are restricted to a limited number of

toilet rooms and may have to travel

long distances to the accessible

toilet room while others can use

any toilet room.

Requirement:

4.1.3(11) Toilet Facilities: If toilet

rooms are provided, then each

public and common use toilet

room shall comply with 4.22.

Other toilet rooms provided for the

use of occupants of specific spaces

(i.e., a private toilet room for the

occupant of a private office) shall

be adaptable. If bathing rooms are

provided, then each public and

common use bathroom shall

comply with 4.23. Accessible

toilet rooms and bathing facilities

shall be on an accessible route.

Error/Omission:

Toilet rooms with 6 or more toilet stalls lack a 36" wide

“ambulatory” toilet stall.

Result:

Too few accessible stalls are

provided for people with mobility

disabilities. People who walk with

crutches, a cane, a walker, or who

have limited balance generally

find it easier and safer to use a

stall that has parallel grab bars.

Requirement:

4.22.4, 4.23.4 Water Closets. If

toilet stalls are provided, then at

least one shall be a standard toilet

stall complying with 4.17; where 6

or more stalls are provided, in

addition to the stall complying

with 4.17.3, at least one stall 36 in

(915 mm) wide with an outward

swinging, self-closing door and

parallel grab bars complying with

Fig. 30(d) and 4.26 shall be

provided. Water closets in such

stalls shall comply with 4.16. If

water closets are not in stalls, then

at least one shall comply with

4.16.

Toilet Rooms and Bathrooms (cont'd)
9

Result:

The entry door to the toilet room

cannot be fully opened when a

wheelchair user is using the

accessible fixture, control, or

dispenser. For example, if a

person using a wheelchair is

positioned in the clear floor space

at the paper towel dispenser and

that clear floor space overlaps the

space needed to swing the door

open, the door cannot be fullyopened.

Requirement:

4.22.3*, 4.23.3* Clear Floor

Space. The accessible fixtures

and controls required in 4.22.4,

4.22.5, 4.22.6, 4.22.7 and 4.23.4,

4.23.5, 4.23.6, and 4.23.7 shall be

on an accessible route. An

unobstructed turning space

complying with 4.2.3 shall be

provided within an accessible

toilet room. The clear floor space

at fixtures and controls, the

accessible route, and the turning

space may overlap.

Error/Omission:

When a transfer shower is used, it is often larger than the

required 36" x 36" size.

Result:

People with disabilities may be

injured when using a transfer

shower that is too large. Users

may slide off the seat and fall onto

the floor of the shower while

reaching for the shower controls

and hand-held showerhead.

Requirement:

4.21.2 Size and Clearances.

Except as specified in 9.1.2,

shower stall size and clear floor

space shall comply with Fig. 35(a)

or (b). The shower stall in Fig.

35(a) shall be 36 in by 36 in (915

mm by 915 mm). Shower stalls

required by 9.1.2 shall comply

with Fig. 57(a) or (b). The shower

stall in Fig. 35(b) will fit into the

space required for a bathtub.

Error/Omission:

The door to the toilet room swings into the required clear floor

space at accessible fixtures, controls, and dispensers.
10

Result:

People who are blind or visually

impaired are trained to look in a

consistent location for tactile signs.

They cannot find the sign if it is

not mounted in the correct location.

Requirement:

4.1.3(16)(a) Signs which designate permanent rooms and spaces

shall comply with 4.30.1, 4.30.4,

4.30.5 and 4.30.6.

4.30.6 Mounting Location and

Height. Where permanent

identification is provided for

rooms and spaces, signs shall be

installed on the wall adjacent to

the latch side of the door. Where

there is no wall space to the latch

side of the door, including at

double leaf doors, signs shall be

placed on the nearest adjacent

wall. Mounting height shall be 60

in (1525 mm) above the finish

floor to the centerline of the sign.

Mounting location for such

signage shall be so that a person

may approach within 3 in (76

mm) of signage without encountering protruding objects or

standing within the swing of a

door.

Visual Alarms

Error/Omission:

No visual alarms are provided although an audible alarm

system is installed.

Result:

People who are deaf have no way

of knowing that a building emergency has been declared while

others who can hear are alerted by

the audible alarm. This is especially true of toilet rooms, and

study carrel areas where occupants

cannot observe others leaving the

facility.

Requirement:

4.1.3(14) If emergency warning

systems are provided, then they

shall include both audible alarms

and visual alarms complying with

4.28. Sleeping accommodations

required to comply with 9.3 shall

have an alarm system complying

with 4.28. Emergency warning

systems in medical care facilities

may be modified to suit standard

health care alarm design practice.

Signage

Error/Omission:

Where permanent room identification signage is provided, it is

mounted in the wrong location.
11

Requirement:

4.28.1 General. Alarm systems

required to be accessible by 4.1

shall comply with 4.28. At a

minimum, visual signal appliances

shall be provided in buildings and

facilities in each of the following

areas: restrooms and any other

general usage areas (e.g., meeting

rooms), hallways, lobbies, and any

other area for common use.

Visual Alarms (continued)

Drinking Fountains

Error/Omission:

All drinking fountains are mounted with the spout at 36” A.F.F.

Result:

People who have difficulty stooping or bending over are not able to

get a drink from the accessible 36"

high drinking fountain.

Requirement:

4.1.3(10)* Drinking Fountains:

(a) Where only one

drinking fountain is provided on a

floor there shall be a drinking

fountain which is accessible to

individuals who use wheelchairs in

accordance with 4.15 and one

accessible to those who have

difficulty bending or stooping.

(This can be accommodated by the

use of a “hi-lo” fountain; by

providing one fountain accessible

to those who use wheelchairs and

one fountain at a standard height

convenient for those who have

difficulty bending; by providing a

fountain accessible under 4.15 and

a water cooler; or by such other

means as would achieve the

required accessibility for each

group on each floor.)

(b) Where more than one

drinking fountain or water cooler is

provided on a floor, 50% of those

provided shall comply with 4.15

and shall be on an accessible route.
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Restaurants

Error/Omission:

Food service queuing areas are too narrow and do not provide

adequate clear width for turns.

Result:

People who use wheelchairs

cannot get to the counter to

purchase or pick up food. Sometimes they get into the queuing

area and get trapped.

Requirement:

4.3.3 Width. The minimum clear

width of an accessible route shall

be 36 in (915 mm) except at doors

(see 4.13.5 and 4.13.6). If a person

in a wheelchair must make a turn

around an obstruction, the minimum clear width of the accessible

route shall be as shown in Fig. 7(a)

and (b).

Error/Omission:

Condiment or utensil items are placed above the reach range or

are not located on an accessible route.

Result:

Wheelchair users cannot obtain

condiments and other items

because the items are out of reach

or there is no way to get to the

items.

Requirement:

5.6 Tableware and Condiment

Areas. Self-service shelves and

dispensing devices for tableware,

dishware, condiments, food and

beverages shall be installed to

comply with 4.2 (see Fig. 54).

Transient Lodging

Error/Omission:

In hotels, motels, or other lodging facilities of 50 or more

sleeping rooms, no rooms with roll-in showers are provided, or

the roll-in showers that are provided lack a fold-down seat.

Result:

People who must use a roll-in

shower or a shower with a folddown seat cannot bathe. When a

roll-in shower is provided without

a folding seat, guests may resort to

using guest room furniture in the

shower.

Requirement:

9.1.2 Accessible Units, Sleeping

Rooms, and Suites. Accessible

sleeping rooms or suites that

comply with the requirements of

9.2 (Requirements for Accessible

Units, Sleeping Rooms, and

Suites) shall be provided in

conformance with the table below.

In addition, in hotels, of 50 or

more sleeping rooms or suites,

additional accessible sleeping

rooms or suites that include a rollin shower shall also be provided in

conformance with the table below.

Such accommodations shall

comply with the requirements of

9.2, 4.21, and Figure 57(a) or (b).
13

Error/Omission:

Wheelchair-accessible rooms are not equipped with visual

alarms and notification devices.

Result:

People who are deaf or hard of

hearing and who also need to use a

guest room with accessible features have no accommodation.

Requirement:

9.2.2 (8) Sleeping room accommodations for persons with hearing

impairments required by 9.1 and

complying with 9.3 shall be

provided in the accessible room or

suite.

Error/Omission:

Doors into and within guest rooms that are not accessible guest

rooms do not provide at least 32" clear opening width.

Result:

People who use a wheelchair, scooter, or walker are unable to enter

standard guest rooms and are excluded from accommodations when

accessible guestrooms are occupied.

Requirement:

9.4 Other Sleeping Rooms and

Suites. Doors and doorways

designed to allow passage into

and within all sleeping units or

other covered units shall

comply with 4.13.5.