ADA Requirements: Effective Date and Compliance Date

us-doj-ada-guidance-2c6506d6e2b223d66da15a7529ab519cADA Requirements: Effective Date and Compliance DateGuidance

U.S. Department of Justice
Civil Rights Division
Disability Rights Section
Effective Date
Compliance Date
The Department of Jus-
tice published revised
final regulations imple-
menting the Americans
with Disabilities Act
(ADA) for title II (State
and local government
services) and title III
(public accommodations
and commercial facilities)
on September 15, 2010,
in the Federal Register.
These requirements, or
rules, clarify and refine is-
sues that have arisen over
the past 20 years and con-
tain new, and updated,
requirements, including
the 2010 Standards for
Accessible Design (“2010
Standards”).
The effective date of the Department’s two revised ADA
rules is March 15, 2011. Of course, even before this date,
entities covered by titles II and III of the ADA are still subject
to the requirements in the Department’s 1991 regulations.
These new revised rules set out several different “compli-
ance dates,” dates by which entities covered by the ADA are
required to comply with the new or revised provisions of the
Department’s rules.
Title II and title III have no effect on any State or local laws
that provide protection for individuals with disabilities at
a level greater than or equal to that provided by the ADA.
Compliance with less stringent state or local laws does not
constitute compliance with the ADA.
March 15, 2011, is the effective date for the revised title II and
title III regulations which include, in part, requirements for:
• 	Service animals, ticketing, and use of wheelchairs,
manually-powered mobility aids and other power-driven
mobility devices;
For example, a sports arena, on or after March 15, 2011, must
tell an individual with a disability and his or her companions
about the features of accessible seating. If seating maps or
brochures are provided to the general public, similar informa-
tion showing accessible seating must be provided to individu-
als with disabilities.
• 	Effective Communication (auxiliary aids and services);
and
• 	Examinations and Courses.
Overview
ADA
Requirements
(continued, page 2)
Complete printed PDF page 1
Revised ADA Requirements: Effective and Compliance Dates
Overview (continued)
March 15, 2012 is the compliance date for
provisions governing hotel reservation poli-
cies.
For example, on or after March 15, 2012,
reservations staff (of a hotel or a third party)
will be required to identify accessible fea-
tures in guest rooms (e.g. guest room door
widths and availability of roll-in showers)
and other hotel amenities in sufficient detail
so that an individual with a disability can
make an independent assessment whether
the hotel meets his or her accessibility
needs.
March 15, 2012, is also the compliance date
for using the 2010 Standards for new con-
struction, alterations, program accessibility,
and barrier removal.
Although under certain circumstances, the
revised regulations permit the use of the
2010 Standards before the compliance date
of March 15, 2012, entities are not required
to comply with the 2010 Standards until
March 15, 2012.
2
Title II and Title III:
New Construction and Alterations
From September 15, 2010, to March 15,
2012, if a title II or title III entity undertakes
new construction or alterations, it may
choose either the 1991 Standards or the
2010 Standards. Title II entities may also
choose to use the Uniform Federal Acces-
sibility Standards (UFAS). It must use that
Standard for all elements in the entire facil-
ity. For example, an entity cannot use the
1991 Standards for accessible routes and
the 2010 Standards for accessible seating.
On or after March 15, 2012, all newly con-
structed or altered facilities must comply
with all of the requirements in the 2010
Standards.
If elements in existing facilities already com-
ply with corresponding elements in the 1991
Standards and are not being altered, then
entities are not required to make changes to
those elements to bring them into compli-
ance with the 2010 Standards.
New Construction
and Alterations
Dates 	Applicable
Standards
September 15, 2010,
to March 15, 2012
title II: 1991
Standards, UFAS, or
2010 Standards
title III: 1991
Standards or 2010
Standards
On or after
March 15, 2012
2010 Standards
Complete printed PDF page 2
Revised ADA Requirements: Effective and Compliance Dates
From September 15, 2010, to March 15,
2012, State and local governments (public
entities) have the option of choosing to fol-
low the 1991 Standards, the UFAS, or the
2010 Standards when making architectural
changes to provide program access. The
elevator exception in the 1991 Standards
may not be used.
NOTE: Public entities must comply with
either the 1991 Standards, UFAS, or the 2010
Standards for all elements within a single
building. For example, a county has never
taken any measures to make its community
center’s programs accessible to individuals
with disabilities. In April 2011 the county be-
gins to make architectural changes to meet
its program accessibility obligation at the
community center. The county may choose
the 1991 Standards, UFAS or the 2010 Stan-
dards but must use the chosen standard
for all architectural changes it makes to the
building. For example, it cannot use the
1991 Standards for the building’s entrance
and the 2010 Standards for its restrooms.
On or after March 15, 2012, public entities
must comply with the 2010 Standards in
making architectural changes to achieve
program accessibility and for all new con-
struction and alterations.
On or after March 15, 2012, public entities
must consider the supplemental require-
ments (such as swimming pools, play areas,
and fishing piers) in the 2010 Standards to
assess compliance with program accessibil-
ity.
Title II:
Program Accessibility
3
If elements in existing facilities already com-
ply with corresponding elements in the 1991
Standards or the UFAS and are not being
altered, then title II entities are not required
to make changes to those elements to bring
them into compliance with the 2010 Stan-
dards.
Program Accessibility
Dates 	Applicable
Standards
September 15, 2010,
to March 15, 2012
1991 Standards,
UFAS, or
2010 Standards
On or after
March 15, 2012
2010 Standards
Complete printed PDF page 3
4
Revised ADA Requirements: Effective and Compliance Dates
For more information about the ADA,
please visit our website or call our toll-free number.
ADA Website: www.ADA.gov
ADA Information Line
800-514-0301 (Voice) and 800-514-0383 (TTY)
24 hours a day to order publications by mail.
M-W, F 9:30 a.m. – 5:30 p.m., Th 12:30 p.m. – 5:30 p.m. (Eastern Time)
to speak with an ADA Specialist. All calls are confidential.
For persons with disabilities, this publication
is available in alternate formats.
Duplication of this document is encouraged. February 2011
March 15, 2012, is the compliance date for
the 2010 Standards which include revisions
to the 1991 Standards as well as supple-
mental requirements for which there are
no technical or scoping requirements in the
1991 Standards (such as swimming pools,
play areas, marinas, or golf facilities). Pub-
lic accommodations must comply with the
2010 Standards’ supplemental requirements
in existing facilities to the extent readily
achievable.
Title III:
Readily Achievable
Barrier Removal
From September 15, 2010, to March 15,
2012, if the elements in a business serving
the public (public accommodation) do not
comply with the requirements for those ele-
ments in the 1991 Standards, the elements
must be modified, to the extent readily
achievable, using either the 1991 Standards
or the 2010 Standards. The public accom-
modation must use only one standard for
removing barriers in the entire facility. For
example, it cannot choose the 1991 Stan-
dards for accessible routes and the 2010
Standards for restrooms.
On or after March 15, 2012, elements in
a facility that do not comply with the 1991
Standards’ requirements for those elements
(for example where an existing restaurant
has never undertaken readily achievable
barrier removal) must be modified using the
2010 Standards to the extent readily achiev-
able.
Readily Achievable
Barrier Removal
Dates 	Applicable
Standards
September 15, 2010,
to March 15, 2012
1991 Standards or
2010 Standards
On or after
March 15, 2012
2010 Standards
Complete printed PDF page 4
The Americans with Disabilities Act authorizes the Department of Justice (the Department) to
provide technical assistance to individuals and entities that have rights or responsibilities under the
Act. This document provides informal guidance to assist you in understanding the ADA and the
Department's regulations.
This guidance document is not intended to be a final agency action, has no legally binding effect,
and may be rescinded or modified in the Department’s complete discretion, in accordance with
applicable laws. The Department’s guidance documents, including this guidance, do not establish
legally enforceable responsibilities beyond what is required by the terms of the applicable statutes,
regulations, or binding judicial precedent.
Complete printed PDF page 5

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