2010 ADA Standards for Accessible Design


Introduction

The Department of Justice published revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 “ADA” in the Federal Register on September 15, 2010.  These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design “2010 Standards” or “Standards”. The 2010 Standards set minimum requirements – both scoping and technical -- for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.

Adoption of the 2010 Standards also establishes a revised reference point for Title II entities that choose to make structural changes to existing facilities to meet their program accessibility requirements; and it establishes a similar reference for Title III entities undertaking readily achievable barrier removal.

The Department has assembled this online version of the official 2010 Standards to increase its ease of use.  This version includes: 

2010 Standards for State and Local Government Facilities Title II

2010 Standards for Public Accommodations and Commercial Facilities Title III

The Department has assembled into a separate publication the revised regulation guidance that applies to the Standards.  The Department included guidance in its revised ADA regulations published on September 15, 2010.  This guidance provides detailed information about the Department’s adoption of the 2010 Standards including changes to the Standards, the reasoning behind those changes, and responses to public comments received on these topics.  The document, Guidance on the 2010 ADA Standards for Accessible Design, can be downloaded from www.ada.gov

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).

 



2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

State and local government facilities must follow the requirements of the 2010 Standards, including both the Title II regulations at 28 CFR 35.151; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D. 

 

 

In the few places where requirements between the two differ, the requirements of 28 CFR 35.151 prevail. 

Compliance Date for Title II

If the start date for construction is on or after March 15, 2012, all newly constructed or altered State and local government facilities must comply with the 2010 Standards.  Before that date, the 1991 Standards (without the elevator exemption), the UFAS, or the 2010 Standards may be used for such projects when the start of construction commences on or after September 15, 2010.


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 1.00:            AUTHORITY

 

1.1               521 CMR is promulgated by the Architectural Access Board pursuant to authority granted by M.G.L. c. 22, § 13A.

 

1.2               Under the provisions of St. 1974, c. 528, § 2, all orders, rules and regulations duly granted by the Board to Facilitate The Use Of Public Buildings By The Physically Handicapped, which were in force immediately prior to the effective date of St. 1974, c. 528, § 2 shall continue to be in force, and the provisions thereof to be enforced until superseded, revised, rescinded or canceled in accordance with the law by the Architectural Access Board.

 

1.3               521 CMR supersedes and revises the Rules and Regulations of the Architectural Access Board, designated as 521 CMR 1.00 et seq.

 

Enabling Legislation                                                     Effective Date of Regulations

 

St. 1974, c. 528                                                          June 10, 1975

 

Complete revision: March 3, 1977

Complete revision: April 1, 1982

Complete revision: September 1, 1996

 

St. 1986, c. 642                                                          Amendments to Sections 5, 10, 11 and 23: July 10, 1987

Amendments to Sections 2, 3, 7, 8, 9, 10, 11, 12, 14, 15, 19, 21, 23 24, 26, 27, 28, 30, 31, 32, 37, 40, 41, 42, 44, and 45: March 6,  1998

Amendments to Sections 5, 8, 9, 14, 18, 21, 26, 27, 28, 30, 31, 37, 39, 40, 42: February 1, 2002

 

St. 1989, c. 722                                                          (Housing Bill of Rights)

 

N/A                                                                            Amendments to Section 18: 

September 28, 1990

 

Emergency Regulations                                                Amendments to Sections 30.5.2 and 35.9:  January 1, 1992

 

521 CMR will become effective on July 27, 2006.  In the interim, one has the option of complying with either the previous regulations in their entirety or these regulations in its entirety, not a combination of both.  The decision of which regulations will be followed must be made before applying for a building permit.

 


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 2.00:            PURPOSE AND SCOPE

 

2.1      PURPOSE

521 CMR is designed to make public buildings and facilities accessible to, functional for, and safe for use by persons with disabilities.

 

2.2      INTENT

It is the intent of 521 CMR to provide persons with disabilities full, free and safe use of all buildings and facilities so that all such persons may have the educational, living and recreational opportunities necessary to be as self‑sufficient as possible and to assume full responsibilities as citizens.

 

2.3      VIOLATIONS

521 CMR is deemed to be a specialized code as referred to in M.G.L. c.  143, § 96, the violation of which shall constitute gross negligence for the purpose of M.G.L. c. 112, § 60G, clause (d), and shall be subject to the additional powers granted to the Board by M.G.L. c. 22, § 13A.

 

2.3.1   The Board shall receive complaints of non‑compliance with any rule or regulation from any person or may receive complaints initiated by its own staff.  If the Board finds, after notice and opportunity for a hearing, that any person is not in compliance with any rule or regulation, it may issue an order to compel such compliance.  Such order may specify the date and the manner by which such person shall cure the noncompliance found by the Board and may require that pending the cure of such noncompliance a performance bond be furnished, payable to the Commonwealth, in such penal sum as the Board finds reasonable.

 

2.3.2   In the event that a person fails to cure such noncompliance by the date specified in the Board's order, the Board shall be empowered, after further hearing, to impose a fine payable to the Commonwealth not to exceed $1,000 per day per violation for each day of noncompliance that the Board finds was without justification.

 

2.3.3   The Board shall also have the power, if it determines that such failure to cure noncompliance is without justification, to bring a complaint before any appropriate licensing or permit granting authority against the license or permit of such person.

 

2.3.4   The Board shall have the authority to issue subpoenas.

 

 

2.5      REASONABLE MODIFICATIONS

Reasonable modifications to public use and common use spaces in a multiple dwelling must comply with 521 CMR.  Reasonable modifications to an individual unit do not need to comply with 521 CMR.

 

2.5.1   Departures from particular technical and scoping requirements of 521 CMR by the use of other designs and technologies are permitted without a variance, where the alternative designs and technologies used will provide substantially equivalent or greater access and usability of the facility.

2.00:   PURPOSE AND SCOPE

 

2.6      MAINTENANCE OF ACCESS FEATURES

At all times, accessibility features must be maintained and fully operational.  (i.e. access aisles kept clear at all times, mechanical devices be kept in operating condition, etc.).

 


 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 4.00:            APPEAL AND VARIANCE

4.1               VARIANCES

Application:  An owner or an owner's representative or tenant who thinks that full compliance with 521 CMR is impracticable may apply to the Board for a variance from 521 CMR.  Application for a variance shall be made on a form provided by the Board for this purpose, shall contain such information as is required by the Board, and shall be signed by the applicant.

 

4.1.1            Board Action:  Upon receipt of an application for variance, the Board shall send a copy of the application to the local building inspector, the local disability commission and the independent living center for their input.  The Board shall also investigate the matter and may:

 

a.   grant the application with whatever conditions it deems appropriate or deny the application without a hearing.  Any person aggrieved by the Board's action under 521 CMR may request an adjudicatory hearing within 30 days of the decision;

b.   schedule a conference to consider the simplification or clarification of the issues and/or the possibility of an agreement disposing of all or any matters as may aid in the disposition of an adjudicatory proceeding.  Those matters agreed upon by the parties shall be electronically recorded and/or reduced to writing and shall be signed by the parties, and shall thereafter constitute a part of the record;

c.   commence an adjudicatory hearing in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.01 or 1.02:  Standard Adjudicatory Rules of Practice and Procedure, as stated in the hearing notice.

 

4.2               COMPLAINTS

Initiating a Complaint:  Any person who has knowledge or evidence that any other person or entity has not complied or is not complying with 521 CMR, may complain in writing to the Board on a special form available from the Board.

 

4.2.1            Board Action: Upon receipt of a  complaint, the Board shall investigate the complaint, and may:

 

a.   issue a stipulated order indicating the date compliance must be achieved.

b.   schedule a conference to consider the simplification or clarification of the issues, the possibility of obtaining stipulations and agreements, the possibility of an agreement disposing of all or any of the issues in dispute, and any other matters as may aid in the disposition of an adjudicatory proceeding.  Those matters agreed upon by the parties shall be electronically recorded and/or included in a written document and shall be signed by the parties, and shall thereafter constitute a part of the record.

c.   commence an adjudicatory hearing in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.01 or 1.02:  Standard Adjudicatory Rules of Practice and Procedure, as stated in the hearing notice.

d.   dismiss a complaint at any time after notification to the complainant.

 


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 4.00:            APPEAL AND VARIANCE

4.3               HEARINGS

All adjudicatory hearings shall be conducted in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.01 or 1.02:  Standard Adjudicatory Rules of Practice and Procedure, as stated in the hearing notice.

 

4.3.1            Hearings will be scheduled within 60 days of the receipt of a request for an adjudicatory hearing unless the Board in its discretion extends such time for good cause shown. The Board will schedule hearings on two weeks notice unless it deems a shorter period necessary.

 

4.3.2            In proceedings under 801 CMR 1.02, the Board may provide for mandatory discovery.

 

4.3.3            The Board will issue a decision within 21 days of the hearing unless the Board in its discretion extends such time.

 

4.3.4            When the Board deems it necessary and subject to appropriation, the services of an independent expert may be sought.

 

4.4               REOPENING HEARING, MOTION FOR RECONSIDERATION

The Board on its own motion, or on motion of any applicant, complainant or aggrieved person, may reopen the hearing in order to receive additional evidence which was not reasonably available at the time of the hearing.  The request for reopening shall summarize such evidence to be presented.

 

4.4.1            The Board shall notify all persons who testified at or received formal notice of an initial hearing of a decision to reopen a hearing to take further testimony or receive further evidence.

 

4.4.2            Within ten days from the date the final decision is received by the applicant or complainant, an applicant, complainant, or aggrieved person may file a motion for reconsideration, setting forth the grounds or statutory provisions relied upon to sustain the motion.

 

4.5               APPEALS

Any party aggrieved by the final decision of the Board may appeal such decision to State Superior Court in accordance with the provisions of M.G.L. c. 30A, § 14.

 

4.6               ADVISORY OPINIONS

Upon the written request, the Board may issue advisory opinions concerning the interpretation or applicability of 521 CMR.  Advisory opinions issued by the Board may be relied upon by the persons requesting them, as well as by any agency, or official of a city, town, or region.

 

4.7               PETITION FOR THE ADOPTION OF REGULATIONS

Petition: Any interested person or such person's attorney may at any time petition the Board to adopt, amend or repeal any regulation.  The petition shall be addressed to the Board and sent by mail or delivered in person during normal business hours.  All petitions shall be signed by the petitioner or the petitioner's attorney, contain the petitioner's address or the address of the petitioner's attorney, and set forth clearly and concisely the text of the proposed regulation.  The petition may be accompanied by any supporting data, views or arguments.  A member of the Board may make a written recommendation that a regulation be adopted, amended or repealed.

 

 

 

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 4.00:            APPEAL AND VARIANCE

4.7               PETITION FOR THE ADOPTION OF REGULATIONS

 

4.7.1            Initial Procedure:    Within 60 days of the receipt of a petition or recommendation, the Board shall hold a meeting to determine whether or not to schedule the petition or recommendation for further proceedings in accordance with M.G.L. c. 30A.  If the regulation has been presented by petition, the Board shall notify the petitioner within ten days after making such a determination.

 

4.7.2            Procedure for the Adoption, Amendment or Repeal of Regulations:

 

a.   The procedures for the adoption, amendment or repeal of any regulation shall comply with M.G.L. c. 30A.

b.   Where no public hearing is required, the Board may afford any interested person or his duly authorized representative, or both, an opportunity to present data, views or arguments orally before the Board during the meeting at which the proposed action is to be considered. If the Board finds that such oral presentation is unnecessary or impracticable, it may require written presentation.

c.   Where a public hearing is required, the Board shall afford any interested person or his duly authorized representative, or both, an opportunity to present statements and arguments orally.  In its discretion, the Board may limit the length of oral presentation.

 

4.7.3                        Filing of Regulations: Upon the adoption of a regulation, an attested copy shall be filed with the Secretary of the Commonwealth together with a citation of the statutory authority under which the regulation has been promulgated.  The regulation shall take effect upon filing unless a later date is required by law or is specified by the Board in the Regulation.

 


2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

 

CONTENTS

 

28 CFR 35.151 New Construction and Alterations

(a) Design and construction (includes the exception for structural impracticability)

(b) Alterations (includes alterations in historic properties, path of travel, and primary function)

(c) Accessibility standards and compliance date

(d) Scope of coverage

(e) Social service center establishments

(f) Housing at a place of education

(g) Assembly areas

(h) Medical care facilities

(i) Curb ramps

(j) Facilities with residential dwelling units for sale to individual owners

(k) Detention and correctional facilities

2004 ADAAG

Chapter 1: Application and Administration

Chapter 2: Scoping Requirements

Chapter 3: Building Blocks

Chapter 4: Accessible Routes

Chapter 5: General Site And Building Elements

Chapter 6: Plumbing Elements And Facilities

Chapter 7: Communication Elements And Features

Chapter 8: Special Rooms, Spaces and Elements

Chapter 9: Built-In Elements

Chapter 10: Recreation Facilities

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

 

28 CFR 35.151 New construction and alterations

·      (a) Design and construction.

·      (1) Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:   JURISDICTION

3.1      SCOPE

           All work performed on public buildings or facilities (see 521 CMR 5.00:  DEFINITIONS), including construction, reconstruction, alterations, remodeling, additions, and changes of use shall conform to 521 CMR.

 

3.1.1   To determine the scope of compliance, refer to 521 CMR 3.2, New Construction and 521 CMR 3.3, Existing Buildings.  In the absence of jurisdiction by 521 CMR, 780 CMR:  the State Building Code may apply.

                         

3.2      NEW CONSTRUCTION

All new construction of public buildings/facilities shall comply fully with 521 CMR.

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (a) Design and construction.

·       (2) Exception for structural impracticability.

·     (i) Full compliance with the requirements of this section is not required where a public 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.

·     (ii) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable.

·     (iii) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·       (b) Alterations.

·      (1) Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:  JURISDICTION

3.3      EXISTING BUILDINGS

All additions to, reconstruction, remodeling, and alterations or repairs of existing public buildings or facilities, which require a building permit or which are so defined by a state or local inspector, shall be governed by all applicable subsections in 521 CMR 3.00:  JURISDICTION.

 

For specific applicability of 521 CMR to existing multiple dwellings undergoing renovations, see 521 CMR 9.2.1.

 

3.3.1   If the work being performed amounts to less than 30% of the full and fair cash value of the building and

 

a.      if the work costs less than $100,000, then only the work being performed is required to comply with 521 CMR

                                                                                    or

b.      if the work costs $100,000 or more, then the work being performed is required to comply with 521 CMR.  In addition, an accessible public entrance and an accessible toilet room, telephone, drinking fountain (if toilets, telephones and drinking fountains are provided) shall also be provided in compliance with 521 CMR.

 

Exception:  General maintenance and on-going upkeep of existing, underground transit facilities will not trigger the requirement for an accessible entrance and toilet unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet.

 

Exception:  Whether performed alone or in combination with each other, the following types of alterations are not subject to 521 CMR 3.3.1, unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet.  (When performing exempted work, a memo stating the exempted work and its costs must be filed with the permit application or a separate building permit must be obtained.)

 

a.         Curb Cuts:  The construction of curb cuts shall comply with 521 CMR 21.00: CURB CUTS.

 

b.         Alteration work which is limited solely to electrical mechanical, or plumbing systems; to abatement of hazardous materials; or retrofit of automatic sprinklers and does not involve the alteration of any elements or spaces required to be accessible under 521 CMR.  Where electrical outlets and controls are altered, they must comply with 521 CMR.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:  JURISDICTION

3.3      EXISTING BUILDINGS

Exception: 

c.         Roof repair or replacement, window repair or replacement, repointing and masonry repair work.

d.         Work relating to septic system repairs, (including Title V, 310 CMR 15.00, improvements) site utilities and landscaping.

 

3.3.2   If the work performed, including the exempted work, amounts to 30% or more of the full and fair cash value (see 521 CMR 5.00) of the building the entire building is required to comply with 521 CMR.

a.      Where the cost of constructing an addition to a building amounts to 30% or more of the full and fair cash value of the existing building, both the addition and the existing building must be fully accessible.

 

3.3.3   Alterations by a tenant do not trigger the requirements of 521 CMR 3.3.1b and 3.3.2 for other tenants. However, alterations, reconstruction, remodeling, repairs, construction, and changes in use falling within 521 CMR 3.3.1b and 3.3.2, will trigger compliance with 521 CMR in areas of public use, for the owner of the building.

 

3.3.4   No alteration shall be undertaken which decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction.

 

3.3.5   If alterations of single elements, when considered together, amount to an alteration of a room or space in a building or facility, that space shall be made accessible.

 

3.3.6   No alteration of an existing element, space, or area of a building or facility shall impose a requirement for greater accessibility than that which would be required for new construction.

 

3.4      CHANGE  IN USE

When the use of a building changes from a private use to one that is open to and used by the public, an accessible entrance must be provided, even if no work is being performed.  When a portion of a building changes use from a private use to one that is open to and used by the public, then an accessible route must be provided from an accessible entrance even if no work is being performed.

 

3.4.1   RESERVED FOR FUTURE ACTION:  Changes in use, from private to public, in private residential homes where no work is being performed.

 

3.5      WORK PERFORMED OVER TIME

When the work performed on a building is divided into separate phases or projects or is under separate building permits, the total cost of such work in any 36 month period shall be added together in applying 521 CMR 3.3, Existing Buildings.

 

3.6      MULTIPLE USES

When a building is occupied by two or more uses, the Regulations which apply to each use shall apply to such parts of the building within that use.

 

3.6.1   521 CMR 3.3, Existing Buildings shall apply based upon each use and not on the entire building.

Example:  If a three story building valued at $300,000 has one floor of retail use and two floors of residential use, the full and fair cash value of the retail portion shall be 1/3 of the total value which would be $100,000.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:  JURISDICTION

 

3.7      PARTIAL APPLICATION

When only a portion of a building is subject to 521 CMR, the full and fair cash value shall be prorated by the ratio of the square footage of that portion to the square footage of the whole building.

Example: Where the whole building is 100,000 square feet, the full and fair cash value is $1,000,000, and the part subject to 521 CMR is 10,000 square feet (one‑tenth of the total), then the full and fair cash value of the part subject to 521 CMR would be one‑tenth of $1,000,000 or $100,000.

 

3.7.1   If the Board determines that such prorating would cause an inequitable result, the Board may otherwise calculate the full and fair cash value of the portion of the building.

 

3.8      OUTDOOR FACILITIES

For facilities where the primary function areas are outdoors, including but not limited to beaches, parks, picnic areas, playgrounds, and campsites, the full and fair cash value shall include the value of the land as well as any buildings or facilities on the land.

 

3.9      HISTORIC BUILDINGS

An historic building or facility that is listed or is eligible for listing in the National or State Register of Historic Places or is designated as historic under appropriate state or local laws may be granted a variance by the Board to allow alternate accessibility.  If a variance is requested on the basis of historical significance, then consultation with the Massachusetts Historical Commission is required in order to determine whether a building or facility is eligible for listing or listed in the National or State Register of Historic Places.  The Massachusetts Historical Commission may request a copy of the proposed variance request and supporting documentation to substantiate the variance request and its effect on historic resources.  A written statement from the Massachusetts Historical Commission is required with the application for variance.

 

3.10    TEMPORARY STRUCTURES

Temporary buildings or facilities, including but not limited to reviewing stands, temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services, or temporary pedestrian passageways around a construction site, shall comply with 521 CMR.  Structures, sites and equipment directly associated with the actual processes of construction, such as scaffolding, bridging, materials hoists, or construction trailers, need not apply.

 

3.11    SECURITY STRUCTURES

Accessibility is not required to observation galleries used primarily for security purposes.

 

3.12    NON‑OCCUPIABLE SPACES

Spaces accessed only by ladders, catwalks, crawl spaces, or freight (non‑passenger) elevators, and frequented only by service personnel for repair purposes, are exempt.  Such spaces may include, but are not limited to, elevator pits, elevator penthouses, piping or equipment catwalks.


2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (b) Alterations.

·      (2) The path of travel requirements of § 35.151(b)(4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of § 35.150.

·      (3)

·     (i) Alterations to historic properties shall comply, to the maximum extent feasible, with the provisions applicable to historic properties in the design standards specified in § 35.151(c).

·     (ii) 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, alternative methods of access shall be provided pursuant to the requirements of § 35.150.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:  JURISDICTION

3.9      HISTORIC BUILDINGS

An historic building or facility that is listed or is eligible for listing in the National or State Register of Historic Places or is designated as historic under appropriate state or local laws may be granted a variance by the Board to allow alternate accessibility.  If a variance is requested on the basis of historical significance, then consultation with the Massachusetts Historical Commission is required in order to determine whether a building or facility is eligible for listing or listed in the National or State Register of Historic Places.  The Massachusetts Historical Commission may request a copy of the proposed variance request and supporting documentation to substantiate the variance request and its effect on historic resources.  A written statement from the Massachusetts Historical Commission is required with the application for variance.

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (b) Alterations.

·      (4) Path of travel. An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.

 

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (b) Alterations. (4)

·     (i) Primary function. A “primary function” is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using the facility are carried out.

·      (A) Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, and corridors are not areas containing a primary function. Restrooms are not areas containing a primary function unless the provision of restrooms is a primary purpose of the area, e.g., in highway rest stops.

·      (B) For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function.

·     (ii) A “path of travel” includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

·      (A) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.

·      (B) For the purposes of this section, the term “path of travel” also includes the restrooms, telephones, and drinking fountains serving the altered area.

·      (C) Safe harbor. If a public entity has constructed or altered required elements of a path of travel in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standards before March 15, 2012, the public 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.

 

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (b) Alterations. (4)

·     (iii) Disproportionality.

·      (A) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20 % of the cost of the alteration to the primary function area.

·      (B) Costs that may be counted as expenditures required to provide an accessible path of travel may include:

·      (1) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;

·      (2) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;

·      (3) Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY); and

·      (4) Costs associated with relocating an inaccessible drinking fountain.

·     (iv) Duty to provide accessible features in the event of disproportionality.

·      (A) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.

·      (B) In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order—

·      (1) An accessible entrance;

·      (2) An accessible route to the altered area;

·      (3) At least one accessible restroom for each sex or a single unisex restroom;

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (b) Alterations.

(4) (iv) (B)

·      (4) Accessible telephones;

·      (5) Accessible drinking fountains; and

·      (6) When possible, additional accessible elements such as parking, storage, and alarms.

·     (v) Series of smaller alterations.

·      (A) The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.

·      (B)

·      (1) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three-year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.

·      (2) Only alterations undertaken on or after March 15, 2011, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations.

·      (c) Accessibility standards and compliance date.

·      (1) If physical construction or alterations commence after July 26, 1992, but prior to the September 15, 2010, then new construction and alterations subject to this section must comply with either the UFAS or the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (c) Accessibility standards and compliance date.

·      (2) If physical construction or alterations commence on or after September 15, 2010, and before March 15, 2012, then new construction and alterations subject to this section may comply with one of the following: the 2010 Standards, UFAS, or the 1991 Standards except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1)(k) of the 1991 Standards shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.

·      (3) If physical construction or alterations commence on or after March 15, 2012, then new construction and alterations subject to this section shall comply with the 2010 Standards.

·      (4) For the purposes of this section, ceremonial groundbreaking or razing of structures prior to site preparation do not commence physical construction or alterations.

·      (5) Noncomplying new construction and alterations.

·     (i) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012, and that do not comply with the 1991 Standards or with UFAS shall before March 15, 2012, be made accessible in accordance with either the 1991 Standards, UFAS, or the 2010 Standards.

·     (ii) Newly constructed or altered facilities or elements covered by §§ 35.151(a) or (b) that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards or with UFAS shall, on or after March 15, 2012, be made accessible in accordance with the 2010 Standards.

Appendix to 35.151(c)

Compliance Date for New Construction or Alterations

Applicable Standards

Before September 15, 2010

1991 Standards or UFAS

On or after September 15, 2010, and before March 15, 2012

1991 Standards, UFAS, or 2010 Standards

On or after March 15, 2012

2010 Standards

 


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 1.00:            AUTHORITY

 

1.3               521 CMR supersedes and revises the Rules and Regulations of the Architectural Access Board, designated as 521 CMR 1.00 et seq.

 

Enabling Legislation                                                     Effective Date of Regulations

 

St. 1974, c. 528                                                          June 10, 1975

 

Complete revision: March 3, 1977

Complete revision: April 1, 1982

Complete revision: September 1, 1996

 

St. 1986, c. 642                                                          Amendments to Sections 5, 10, 11 and 23: July 10, 1987

Amendments to Sections 2, 3, 7, 8, 9, 10, 11, 12, 14, 15, 19, 21, 23 24, 26, 27, 28, 30, 31, 32, 37, 40, 41, 42, 44, and 45: March 6,  1998

Amendments to Sections 5, 8, 9, 14, 18, 21, 26, 27, 28, 30, 31, 37, 39, 40, 42: February 1, 2002

 

St. 1989, c. 722                                                          (Housing Bill of Rights)

 

N/A                                                                            Amendments to Section 18: 

September 28, 1990

 

Emergency Regulations                                                Amendments to Sections 30.5.2 and 35.9:  January 1, 1992

 

521 CMR will become effective on July 27, 2006.  In the interim, one has the option of complying with either the previous regulations in their entirety or these regulations in its entirety, not a combination of both.  The decision of which regulations will be followed must be made before applying for a building permit.

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (d) Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, the advisory notes, appendix notes, and figures contained in the 1991 Standards and the 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:                     JURISDICTION

 

3.1      SCOPE

All work performed on public buildings or facilities (see 521 CMR 5.00:  DEFINITIONS), including construction, reconstruction, alterations, remodeling, additions, and changes of use shall conform to 521 CMR.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:                     JURISDICTION

3.1      SCOPE

 

3.1.1   To determine the scope of compliance, refer to 521 CMR 3.2, New Construction and 521 CMR 3.3, Existing Buildings.  In the absence of jurisdiction by 521 CMR, 780 CMR:  the State Building Code may apply.

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (e) Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this section shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.

·      (1) In sleeping rooms with more than 25 beds covered by this section, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards.

·      (2) Facilities with more than 50 beds covered by this section that provide common use bathing facilities, shall 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.

·      (f) Housing at a place of education. Housing at a place of education that is subject to this section shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806 subject to the following exceptions. For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.

·      (1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards.

·      (2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010 Standards.

 

2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty, and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.

·      (g) Assembly areas. Assembly areas subject to this section shall comply with the provisions of the 2010 Standards applicable to assembly areas, including, but not limited to, sections 221 and 802. In addition, assembly areas shall ensure that—

·      (1) In stadiums, arenas, and grandstands, wheelchair spaces and companion seats are dispersed to all levels that include seating served by an accessible route;

·      (2) Assembly areas that are required to horizontally disperse wheelchair spaces and companion seats by section 221.2.3.1 of the 2010 Standards and have seating encircling, in whole or in part, a field of play or performance area shall disperse wheelchair spaces and companion seats around that field of play or performance area;

·      (3) Wheelchair spaces and companion seats are not located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an event, wheelchair spaces and companion seats may be placed in that section. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, removable seats may be placed in those spaces and seats;

·      (4) Stadium-style movie theaters shall locate wheelchair spaces and companion seats on a riser or cross-aisle in the stadium section that satisfies at least one of the following criteria—

·     (i) It is located within the rear 60% of the seats provided in an auditorium; or

·     (ii) It is located within the area of an auditorium in which the vertical viewing angles (as measured to the top of the screen) are from the 40th to the 100th percentile of vertical viewing angles for all seats as ranked from the seats in the first row (1st percentile) to seats in the back row (100th percentile).


2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (h) Medical care facilities. Medical care facilities that are subject to this section shall comply with the provisions of the 2010 Standards applicable to medical care facilities, including, but not limited to, sections 223 and 805. In addition, medical care facilities that do not specialize in the treatment of conditions that affect mobility shall disperse the accessible patient bedrooms required by section 223.2.1 of the 2010 Standards in a manner that is proportionate by type of medical specialty.

·      (i) Curb ramps.

·      (1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.

·      (2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways.

·      (j) Facilities with residential dwelling units for sale to individual owners.

·      (1) Residential dwelling units designed and constructed or altered by public entities that will be offered for sale to individuals shall comply with the requirements for residential facilities in the 2010 Standards including sections 233 and 809.

·      (2) The requirements of paragraph (1) also apply to housing programs that are operated by public entities where design and construction of particular residential dwelling units take place only after a specific buyer has been identified. In such programs, the covered entity must provide the units that comply with the requirements for accessible features to those pre-identified buyers with disabilities who have requested such a unit.

·      (k) Detention and correctional facilities.

·      (1) New construction of jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards except that public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells in a facility. Cells with mobility features shall be provided in each classification level.


2010 ADA Standards for Accessible Design


2010 STANDARDS FOR STATE AND LOCAL GOVERNMENT FACILITIES: TITLE II

28 CFR 35.151 New construction and alterations

·      (k) Detention and correctional facilities.

·      (2) Alterations to detention and correctional facilities. Alterations to jails, prisons, and other detention and correctional facilities shall comply with the 2010 Standards except that public entities shall provide accessible mobility features complying with section 807.2 of the 2010 Standards for a minimum of 3%, but no fewer than one, of the total number of cells being altered until at least 3%, but no fewer than one, of the total number of cells in a facility shall provide mobility features complying with section 807.2. Altered cells with mobility features shall be provided in each classification level. However, when alterations are made to specific cells, detention and correctional facility operators may satisfy their obligation to provide the required number of cells with mobility features by providing the required mobility features in substitute cells (cells other than those where alterations are originally planned), provided that each substitute cell—

·     (i) Is located within the same prison site;

·     (ii) Is integrated with other cells to the maximum extent feasible;

·     (iii) Has, at a minimum, equal physical access as the altered 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; and,

·     (iv) If it is technically infeasible to locate a substitute cell within the same prison site, a substitute cell must be provided at another prison site within the corrections system.

·      (3) With 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.

The remaining text of the 2010 Standards for Title III – the 2004 ADAAG – can be found at 2010 Standards for Titles II and III: 2004 ADAAG


FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES: TITLE III


Public accommodations and commercial facilities must follow the requirements of the 2010 Standards, including both the Title III regulations at 28 CFR part 36, subpart D; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D. 

 

In the few places where requirements between the two differ, the requirements of 28 CFR part 36, subpart D prevail. 

Compliance Date for Title III

The compliance date for the 2010 Standards for new construction and alterations is determined by:

·      the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government;

·      the date the last application for a building permit or permit extension is received by a State, county, or local government, where the government does not certify the completion of applications; or 

·      the start of physical construction or alteration, if no permit is required. 

If that date is on or after March 15, 2012, then new construction and alterations must comply with the 2010 Standards.  If that date is on or after September 15, 2010, and before March 15, 2012, then new construction and alterations must comply with either the 1991 or the 2010 Standards.

FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES: TITLE III


CONTENTS

28 CFR part 36, subpart D — New Construction and Alterations

36.401 New construction

(a) General

(b) Commercial facilities located in private residences

(c) Exception for structural impracticability

(d) Elevator exemption

36.402 Alterations

(a) General

(b) Alteration

(c) To the maximum extent feasible

 

36.403 Alterations: Path of travel

(a) General

(b) Primary function

(c) Alterations to an area containing a primary function

(d) Landlord/tenant

(e) Path of travel

(f) Disproportionality

(g) Duty to provide accessible features in the event of disproportionality

(h) Series of smaller alterations

36.404 Alterations: Elevator exemption

36.405 Alterations: Historic preservation

36.406 Standards for new construction and alterations

(a) Accessibility standards and compliance date

(b) Scope of coverage

(c) Places of lodging

(d) Social service center establishments

(e) Housing at a place of education

(f) Assembly areas

(g) Medical care facilities

36.407 – 36.499 [Reserved]

2004 ADAAG

Chapter 1: Application and Administration

Chapter 2: Scoping Requirements

Chapter 3: Building Blocks

Chapter 4: Accessible Routes

Chapter 5: General Site And Building Elements

Chapter 6: Plumbing Elements And Facilities

Chapter 7: Communication Elements And Features

Chapter 8: Special Rooms, Spaces and Elements

Chapter 9: Built-In Elements

Chapter 10: Recreation Facilities

FOR PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES: TITLE III


28 CFR part 36, subpart D – New Construction and Alterations

§36.401 New construction.

·      (a) General.

·      (1) Except as provided in paragraphs (b) and (c) of this section, discrimination for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities.

·      (2) For purposes of this section, a facility is designed and constructed for first occupancy after January 26, 1993, only –

·     (i) If the last application for a building permit or permit extension for the facility is certified to be complete, by a State, County, or local government after January 26, 1992 (or, in those jurisdictions where the government does not certify completion of applications, if the last application for a building permit or permit extension for the facility is received by the State, County, or local government after January 26, 1992); and

·     (ii) If the first certificate of occupancy for the facility is issued after January 26, 1993.

·      (b) Commercial facilities located in private residences.

·      (1) When a commercial facility is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this subpart, but that portion used exclusively in the operation of the commercial facility or that portion used both for the commercial facility and for residential purposes is covered by the new construction and alterations requirements of this subpart.

·      (2) The portion of the residence covered under paragraph (b)(1) of this section extends to those elements used to enter the commercial facility, including the homeowner´s front sidewalk, if any, the door or entryway, and hallways; and those portions of the residence, interior or exterior, available to or used by employees or visitors of the commercial facility, including restrooms.

·      (c) Exception for structural impracticability.

·      (1) 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.

·      (2) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable.

·      (3) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.

·      (d) Elevator exemption.

·      (1) For purposes of this paragraph (d) –

·     (i)   Professional office of a health care provider means a location where a person or entity regulated by a State to provide professional services related to the physical or mental health of an individual makes such services available to the public. The facility housing the "professional office of a health care provider" only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider.

·     (ii)   Shopping center or shopping mall means –

·      (A) A building housing five or more sales or rental establishments; or

·      (B) A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this section, places of public accommodation of the types listed in paragraph (5) of the definition of "place of public accommodation" in section § 36.104 are considered sales or rental establishments. The facility housing a "shopping center or shopping mall" only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.

·      (2) This section does not require the installation of an elevator in a facility that is less than three stories or has less than 3000 square feet per story, except with respect to any facility that houses one or more of the following:

·     (i)  A shopping center or shopping mall, or a professional office of a health care provider.

·     (ii)  A terminal, depot, or other station used for specified public transportation, or an airport passenger terminal. In such a facility, any area housing passenger services, including boarding and debarking, loading and unloading, baggage claim, dining facilities, and other common areas open to the public, must be on an accessible route from an accessible entrance.

·      (3) The elevator exemption set forth in this paragraph (d) does not obviate or limit, in any way the obligation to comply with the other accessibility requirements established in paragraph (a) of this section. For example, in a facility that houses a shopping center or shopping mall, or a professional office of a health care provider, the floors that are above or below an accessible ground floor and that do not house sales or rental establishments or a professional office of a health care provider, must meet the requirements of this section but for the elevator.

§36.402 Alterations.

·      (a) General.

·      (1) Any alteration to a place of public accommodation or a commercial facility, after January 26, 1992, shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

·      (2) An alteration is deemed to be undertaken after January 26, 1992, if the physical alteration of the property begins after that date.

·      (b) Alteration. For the purposes of this part, an alteration is a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof.

·      (1) Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

·      (2) If existing elements, spaces, or common areas are altered, then each such altered element, space, or area shall comply with the applicable provisions of appendix A to this part.

·      (c) To the maximum extent feasible. The phrase "to the maximum extent feasible," as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).

§36.403 Alterations: Path of travel.

·      (a) General.

·      (1) An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.

·      (2) If a private entity has constructed or altered required elements of a path of travel at a place of public accommodation or commercial facility in accordance with the specifications in the 1991 Standards, the private entity is not required to retrofit such elements to reflect the incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel.

·      (b) Primary function. A "primary function" is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function.

·      (c) Alterations to an area containing a primary function.

·      (1) Alterations that affect the usability of or access to an area containing a primary function include, but are not limited to –

·     (i) Remodeling merchandise display areas or employee work areas in a department store;

·     (ii) Replacing an inaccessible floor surface in the customer service or employee work areas of a bank;

·     (iii) Redesigning the assembly line area of a factory; or

·     (iv) Installing a computer center in an accounting firm.

·      (2) For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function.

·      (d) Landlord/tenant: If a tenant is making alterations as defined in § 36.402 that would trigger the requirements of this section, those alterations by the tenant in areas that only the tenant occupies do not trigger a path of travel obligation upon the landlord with respect to areas of the facility under the landlord´s authority, if those areas are not otherwise being altered.

·      (e) Path of travel.

·      (1) A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

·      (2) An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements.

·      (3) For the purposes of this part, the term "path of travel" also includes the restrooms, telephones, and drinking fountains serving the altered area.

·      (f) Disproportionality.

·      (1) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.

·      (2) Costs that may be counted as expenditures required to provide an accessible path of travel may include:

·     (i) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;

·     (ii) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;

·     (iii) Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY);

·     (iv) Costs associated with relocating an inaccessible drinking fountain.

·      (g) Duty to provide accessible features in the event of disproportionality.

·      (1) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.

·      (2) In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:

·     (i) An accessible entrance;

·     (ii) An accessible route to the altered area;

·     (iii) At least one accessible restroom for each sex or a single unisex restroom;

·     (iv) Accessible telephones;

·     (v) Accessible drinking fountains; and

·     (vi) When possible, additional accessible elements such as parking, storage, and alarms.

·      (h) Series of smaller alterations.

·      (1) The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.

·      (2)

·     (i) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.

·     (ii) Only alterations undertaken after January 26, 1992, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations.

§36.404 Alterations: Elevator exemption.

·      (a) This section does not require the installation of an elevator in an altered facility that is less than three stories or has less than 3,000 square feet per story, except with respect to any facility that houses a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot, or other station used for specified public transportation, or an airport passenger terminal.

·      (1) For the purposes of this section, professional office of a health care provider means a location where a person or entity regulated by a State to provide professional services related to the physical or mental health of an individual makes such services available to the public. The facility that houses a professional office of a health care provider only includes floor levels housing by at least one health care provider, or any floor level designed or intended for use by at least one health care provider.

·      (2) For the purposes of this section, shopping center or shopping mall means –

·     (i) A building housing five or more sales or rental establishments; or

·     (ii) A series of buildings on a common site, connected by a common pedestrian access route above or below the ground floor, that is either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this section, places of public accommodation of the types listed in paragraph (5) of the definition of place of public accommodation in § 36.104 are considered sales or rental establishments. The facility housing a "shopping center or shopping mall" only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.

·      (b) The exemption provided in paragraph (a) of this section does not obviate or limit in any way the obligation to comply with the other accessibility requirements established in this subpart. For example, alterations to floors above or below the accessible ground floor must be accessible regardless of whether the altered facility has an elevator.

§36.405 Alterations: Historic preservation.

·      (a) Alterations to buildings or facilities that are eligible for listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq.) or are designated as historic under State or local law, shall comply to the maximum extent feasible with this part.

·      (b) If it is determined that it is not feasible to provide physical access to an historic property that is a place of public accommodation in a manner that will not threaten or destroy the historic significance of the building or the facility, alternative methods of access shall be provided pursuant to the requirements of subpart C of this part.

§36.406 Standards for new construction and alterations.

·      (a) Accessibility standards and compliance date.

·      (1) New construction and alterations subject to §§ 36.401 or 36.402 shall comply with the 1991 Standards if the date when the last application for a building permit 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, if the date when the last application for a building permit or permit extension is received by the State, county, or local government) is before September 15, 2010, or if no permit is required, if the start of physical construction or alterations occurs before September 15, 2010.

·      (2) New construction and alterations subject to §§ 36.401 or 36.402 shall comply either with the 1991 Standards or with the 2010 Standards if the date when the last application for a building permit 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, if the date when the last application for a building permit or permit extension is received by the State, county, or local government) is on or after September 15, 2010, and before March 15, 2012, or if no permit is required, if the start of physical construction or alterations occurs on or after September 15, 2010, and before March 15, 2012.

·      (3) New construction and alterations subject to §§ 36.401 or 36.402 shall comply with the 2010 Standards if the date when the last application for a building permit 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, if the date when the last application for a building permit or permit extension is received by the State, county, or local government) is on or after March 15, 2012, or if no permit is required, if the start of physical construction or alterations occurs on or after March 15, 2012.

·      (4) For the purposes of this section, "start of physical construction or alterations" does not mean ceremonial groundbreaking or razing of structures prior to site preparation.

·      (5) Noncomplying new construction and alterations.

·     (i) Newly constructed or altered facilities or elements covered by §§ 36.401 or 36.402 that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards shall, before March 15, 2012, be made accessible in accordance with either the 1991 Standards or the 2010 Standards.

·     (ii) Newly constructed or altered facilities or elements covered by §§ 36.401 or 36.402 that were constructed or altered before March 15, 2012 and that do not comply with the 1991 Standards shall, on or after March 15, 2012, be made accessible in accordance with the 2010 Standards.

Appendix to 36.406(a)

Compliance Dates for New Construction and Alterations

Applicable Standards

On or after January 26, 1993 and before September 15, 2010

1991 Standards

On or after September 15, 2010, and before March 15, 2012

1991 Standards or 2010 Standards

On or after March 15, 2012

2010 Standards

·      (b) Scope of coverage. The 1991 Standards and the 2010 Standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, advisory notes, appendix notes, and figures contained in the 1991 Standards and 2010 Standards explain or illustrate the requirements of the rule; they do not establish enforceable requirements.

·      (c) Places of lodging. Places of lodging subject to this part shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806 of the 2010 Standards.

·      (1) Guest rooms. Guest rooms with mobility features in places of lodging subject to the transient lodging requirements of 2010 Standards shall be provided as follows –

·     (i) Facilities that are subject to the same permit application on a common site that each have 50 or fewer guest rooms may be combined for the purposes of determining the required number of accessible rooms and type of accessible bathing facility in accordance with table 224.2to section 224.2 of the 2010 Standards.

·     (ii) Facilities with more than 50 guest rooms shall be treated separately for the purposes of determining the required number of accessible rooms and type of accessible bathing facility in accordance with table 224.2 to section 224.2 of the 2010 Standards.

·      (2) Exception. Alterations to guest rooms in 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 are not required to comply with § 36.402 or the alterations requirements in section 224.1.1 of the 2010 Standards.

·      (3) Facilities with residential units and transient lodging units. Residential dwelling units that are designed and constructed for residential use exclusively are not subject to the transient lodging standards.

·      (d) Social service center establishments. Group homes, halfway houses, shelters, or similar social service center establishments that provide either temporary sleeping accommodations or residential dwelling units that are subject to this part shall comply with the provisions of the 2010 Standards applicable to residential facilities, including, but not limited to, the provisions in sections 233 and 809.

·      (1) In sleeping rooms with more than 25 beds covered by this part, a minimum of 5% of the beds shall have clear floor space complying with section 806.2.3 of the 2010 Standards.

·      (2) Facilities with more than 50 beds covered by this part that provide common use bathing facilities shall 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.

·      (e) Housing at a place of education. Housing at a place of education that is subject to this part shall comply with the provisions of the 2010 Standards applicable to transient lodging, including, but not limited to, the requirements for transient lodging guest rooms in sections 224 and 806, subject to the following exceptions. For the purposes of the application of this section, the term "sleeping room" is intended to be used interchangeably with the term "guest room" as it is used in the transient lodging standards.

·      (1) Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with section 809.2.2 of the 2010 Standards and kitchen work surfaces that comply with section 804.3 of the 2010 Standards.

·      (2) Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in accordance with section 809.2 of the 2010 Standards.

·      (3) Apartments or townhouse facilities that are provided by or on behalf of a place of education, which are leased on a year-round basis exclusively to graduate students or faculty and do not contain any public use or common use areas available for educational programming, are not subject to the transient lodging standards and shall comply with the requirements for residential facilities in sections 233 and 809 of the 2010 Standards.

·      (f) Assembly areas. Assembly areas that are subject to this part shall comply with the provisions of the 2010 Standards applicable to assembly areas, including, but not limited to, sections 221 and 802. In addition, assembly areas shall ensure that –

·      (1) In stadiums, arenas, and grandstands, wheelchair spaces and companion seats are dispersed to all levels that include seating served by an accessible route;

·      (2) In assembly areas that are required to horizontally disperse wheelchair spaces and companion seats by section 221.2.3.1 of the 2010 Standards and that have seating encircling, in whole or in part, a field of play or performance, wheelchair spaces and companion seats are dispersed around that field of play or performance area;

·      (3) Wheelchair spaces and companion seats are not located on (or obstructed by) temporary platforms or other movable structures, except that when an entire seating section is placed on temporary platforms or other movable structures in an area where fixed seating is not provided, in order to increase seating for an event, wheelchair spaces and companion seats may be placed in that section. When wheelchair spaces and companion seats are not required to accommodate persons eligible for those spaces and seats, individual, removable seats may be placed in those spaces and seats;

·      (4) In stadium-style movie theaters, wheelchair spaces and companion seats are located on a riser or cross-aisle in the stadium section that satisfies at least one of the following criteria –

·     (i) It is located within the rear 60% of the seats provided in an auditorium; or

·     (ii) It is located within the area of an auditorium in which the vertical viewing angles (as measured to the top of the screen) are from the 40th to the 100th percentile of vertical viewing angles for all seats as ranked from the seats in the first row (1st percentile) to seats in the back row (100th percentile).

·      (g) Medical care facilities. Medical care facilities that are subject to this part shall comply with the provisions of the 2010 Standards applicable to medical care facilities, including, but not limited to, sections 223 and 805. In addition, medical care facilities that do not specialize in the treatment of conditions that affect mobility shall disperse the accessible patient bedrooms required by section 223.2.1 of the 2010 Standards in a manner that is proportionate by type of medical specialty.

§36.407 – 36.499 [Reserved]

The remaining text of the 2010 Standards for Title II – the 2004 ADAAG – can be found at 2010 Standards for Titles II and III:  2004 ADAAG

 


2010 STANDARDS FOR TITLES II AND III FACILITIES: 2004 ADAAG


The following section applies to both State and local government facilities (Title II) and public accommodations and commercial facilities (Title III).  The section consists of (ADA) Chapters 1 and 2 and Chapters 3 through 10, of the 2004 ADAAG (36 CFR part 1191, appendices B and D, adopted as part of both the Title II and Title III 2010 Standards).

State and local government facilities must follow the requirements of the 2010 Standards, including both the Title II regulations at 28 CFR 35.151; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D. 

Public accommodations and commercial facilities must follow the requirements of the 2010 Standards, including both the Title III regulations at 28 CFR part 36, subpart D; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D. 

In the few places where requirements between the regulation and the 2004 ADAAG differ, the requirements of 28 CFR 35.151 or 28 CFR part 36, subpart D, prevail. 

CONTENTS

CHAPTER 1: APPLICATION AND ADMINISTRATION

101 Purpose

102 Dimensions for Adults and Children

103 Equivalent Facilitation

104 Conventions

105 Referenced Standards

106 Definitions

 

CHAPTER 2: SCOPING REQUIREMENTS

201 Application

202 Existing Buildings and Facilities

203 General Exceptions

204 Protruding Objects

205 Operable Parts

206 Accessible Routes

207 Accessible Means of Egress

208 Parking Spaces

209 Passenger Loading Zones and Bus Stops

210 Stairways

211 Drinking Fountains

212 Kitchens, Kitchenettes, and Sinks

213 Toilet Facilities and Bathing Facilities

214 Washing Machines and Clothes Dryers

215 Fire Alarm Systems

216 Signs

217 Telephones

218 Transportation Facilities

219 Assistive Listening Systems

220 Automatic Teller Machines and Fare Machines

221 Assembly Areas

222 Dressing, Fitting, and Locker Rooms

223 Medical Care and Long-Term Care Facilities

224 Transient Lodging Guest Rooms

225 Storage

226 Dining Surfaces and Work Surfaces

227 Sales and Service

2010 Standards: 2004 ADAAG for Titles II and III Facilities

CONTENTS

CHAPTER 2: SCOPING REQUIREMENTS

 

228 Depositories, Vending Machines, Change Machines, Mail Boxes, and Fuel Dispensers

229 Windows

230 Two-Way Communication Systems

231 Judicial Facilities

232 Detention Facilities and Correctional Facilities

233 Residential Facilities

234 Amusement Rides

235 Recreational Boating Facilities

236 Exercise Machines and Equipment

237 Fishing Piers and Platforms

238 Golf Facilities

239 Miniature Golf Facilities

240 Play Areas

241 Saunas and Steam Rooms

242 Swimming Pools, Wading Pools, and Spas

243 Shooting Facilities with Firing Positions

 

CHAPTER 3: BUILDING BLOCKS

301 General

302 Floor or Ground Surfaces

303 Changes in Level

304 Turning Space

305 Clear Floor or Ground Space

306 Knee and Toe Clearance

307 Protruding Objects

308 Reach Ranges

309 Operable Parts

 

CHAPTER 4: ACCESSIBLE ROUTES

401 General

402 Accessible Routes

403 Walking Surfaces

404 Doors, Doorways, and Gates  

405 Ramps    

406 Curb Ramps

407 Elevators

408 Limited Use/ Limited Application Elevators

409 Private Residence Elevators

410 Platform Lifts

 

CHAPTER 5: GENERAL SITE AND BUILDING ELEMENTS

501 General

502 Parking Spaces

503 Passenger Loading Zones

504 Stairways

505 Handrails

 


2010 Standards: 2004 ADAAG for Titles II and III Facilities

CONTENTS

 

CHAPTER 6: PLUMBING ELEMENTS AND FACILITIES

601 General

602 Drinking Fountains

603 Toilet and Bathing Rooms

604 Water Closets and Toilet Compartments

605 Urinals

606 Lavatories and Sinks

607 Bathtubs

608 Shower Compartments

609 Grab Bars

610 Seats

611 Washing Machines and Clothes Dryers

612 Saunas and Steam Rooms

 

CHAPTER 7: COMMUNICATION ELEMENTS AND FEATURES

701 General

702 Fire Alarm Systems

703 Signs

704 Telephones

705 Detectable Warnings

706 Assistive Listening Systems

707 Automatic Teller Machines and Fare Machines

708 Two-Way Communication Systems

 

CHAPTER 8: SPECIAL ROOMS, SPACES AND ELEMENTS

801 General

802 Wheelchair Spaces, Companion Seats, and Designated Aisle Seats

803 Dressing, Fitting, and Locker Rooms

804 Kitchens and Kitchenettes

805 Medical Care and Long-Term Care Facilities

806 Transient Lodging Guest Rooms

807 Holding Cells and Housing Cells

808 Courtrooms

809 Residential Dwelling Units

810 Transportation Facilities

811 Storage

 

CHAPTER 9: BUILT-IN ELEMENTS

901 General

902 Dining Surfaces and Work Surfaces    

903 Benches

904 Check-Out Aisles and Sales and Service Counters

 

CHAPTER 10: RECREATION FACILITIES

1001 General

1002 Amusement Rides

1003 Recreational Boating Facilities

1004 Exercise Machines and Equipment

1005 Fishing Piers and Platforms

1006 Golf Facilities

1007 Miniature Golf Facilities

1008 Play Areas

1009 Swimming Pools, Wading Pools, and Spas

1010 Shooting Facilities with Firing Positions

2010 Standards: 2004 ADAAG for Titles II and III Facilities

CHAPTER 1: APPLICATION AND ADMINISTRATION

101 Purpose

101.1 General. This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities. The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act of 1990 (ADA).

Advisory 101.1 General. In addition to these requirements, covered entities must comply with the regulations issued by the Department of Justice and the Department of Transportation under the Americans with Disabilities Act. There are issues affecting individuals with disabilities which are not addressed by these requirements, but which are covered by the Department of Justice and the Department of Transportation regulations.

101.2 Effect on Removal of Barriers in Existing Facilities. This document does not address existing facilities unless altered at the discretion of a covered entity. The Department of Justice has authority over existing facilities that are subject to the requirement for removal of barriers under Title III of the ADA. Any determination that this document applies to existing facilities subject to the barrier removal requirement is solely within the discretion of the Department of Justice and is effective only to the extent required by regulations issued by the Department of Justice.

102 Dimensions for Adults and Children

The technical requirements are based on adult dimensions and anthropometrics. In addition, this document includes technical requirements based on children's dimensions and anthropometrics for drinking fountains, water closets, toilet compartments, lavatories and sinks, dining surfaces, and work surfaces.

103 Equivalent Facilitation

Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.

Advisory 103 Equivalent Facilitation. The responsibility for demonstrating equivalent facilitation in the event of a challenge rests with the covered entity. With the exception of transit facilities, which are covered by regulations issued by the Department of Transportation, there is no process for certifying that an alternative design provides equivalent facilitation.

104 Conventions

104.1 Dimensions. Dimensions that are not stated as "maximum" or "minimum" are absolute.

104.1.1 Construction and Manufacturing Tolerances. All dimensions are subject to conventional industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points.

Advisory 104.1.1 Construction and Manufacturing Tolerances. Conventional industry tolerances recognized by this provision include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. Recognized tolerances are not intended to apply to design work.

It is good practice when specifying dimensions to avoid specifying a tolerance where dimensions are absolute. For example, if this document requires "1 inches," avoid specifying "1 inches plus or minus X inches."

Where 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 floor, the range provides an adequate tolerance and therefore no tolerance outside of the range at either end point is permitted.

Where a requirement is a minimum or a maximum dimension that does not have two specific minimum and maximum end points, tolerances may apply. Where an element is to be installed at the minimum or maximum permitted dimension, such as "15 inches minimum" or "5 pounds maximum", it would not be good practice to specify "5 pounds (plus X pounds) or 15 inches (minus X inches)." Rather, it would be good practice to specify a dimension less than the required maximum (or more than the required minimum) by the amount of the expected field or manufacturing tolerance and not to state any tolerance in conjunction with the specified dimension.

Specifying dimensions in design in the manner described above will better ensure that facilities and elements accomplish the level of accessibility intended by these requirements. It will also more often produce an end result of strict and literal compliance with the stated requirements and eliminate enforcement difficulties and issues that might otherwise arise. Information on specific tolerances may be available from industry or trade organizations, code groups and building officials, and published references.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 2.00:            PURPOSE AND SCOPE

2.4      GENERAL CONVENTIONS

The following conventions apply when using 521 CMR:

 

2.4.1   Graphic and other illustrations are provided in 521 CMR to illustrate a solution only.  They are not to be taken as the best solution or the only solution, but are provided to clarify the intent of the written regulations.  The written word always prevails.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

CHAPTER 1: APPLICATION AND ADMINISTRATION

101 Purpose

104.2 Calculation of Percentages. 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 shall be permitted.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 2.00:            PURPOSE AND SCOPE

2.4      GENERAL CONVENTIONS

2.4.5   When a percentage is calculated to determine the number of accessible elements , if the number ends in a fraction of five‑tenths (.5) or more, the number shall be rounded up to the next whole number.  If the number ends in a fraction less than five‑tenths (.5), the number shall be rounded down.


104.3 Figures. Unless specifically stated otherwise, figures are provided for informational purposes only.

 

Figure 104
Graphic Convention for Figures

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 2.00:            PURPOSE AND SCOPE

2.4            GENERAL CONVENTIONS

The following conventions apply when using 521 CMR:

 

2.4.1   Graphic and other illustrations are provided in 521 CMR to illustrate a solution only.  They are not to be taken as the best solution or the only solution, but are provided to clarify the intent of the written regulations.  The written word always prevails.2.00:   PURPOSE AND SCOPE

 

2.4.2   Graphic conventions are shown in Figure 2a.  Dimensions that are not marked minimum or maximum shall comply with 521 CMR 2.4.4, unless otherwise noted in the text or captions.

 

                   

2.4.3   Words italicized in the text indicate that a definition of that word is provided in 521 CMR 5.00:  DEFINITIONS.

 

2.4.4   Tolerances on all dimensions, unless otherwise noted, shall not exceed the following:

a.     Dimensions between zero and two inches, (0" and 2" = 0mm and 51mm) inclusive, shall have a maximum tolerance of plus or minus one‑eighth inch (1/8" = 3mm).

b.     Dimensions more than two inches and less than 36 inches (>2" and <36" = >51mm and <914mm) shall have a maximum tolerance of plus or minus one-half inch (½" =13mm).

c.     Dimensions 36 inches or greater (36" or > = 914mm or >) shall have a maximum tolerance of plus or minus one inch (1" = 25mm).

d.     Slopes may not exceed maximums.  Slopes shall be measured in two-foot increments.

Note:  Tolerances do not apply to minimums or maximums.

 

2.4.5   When a percentage is calculated to determine the number of accessible elements , if the number ends in a fraction of five‑tenths (.5) or more, the number shall be rounded up to the next whole number.  If the number ends in a fraction less than five‑tenths (.5), the number shall be rounded down.

 

2.4.6   When calculating the conversion from inches to millimeters (using 1"=25.4mm), if the number ends in a fraction of five‑tenths (.5) or more, the number shall be rounded up to the next whole number.  If the number ends in a fraction less than five‑tenths (.5), the number shall be rounded down.


2010 Standards: 2004 ADAAG for Titles II and III Facilities

CHAPTER 1: APPLICATION AND ADMINISTRATION

105 Referenced Standards

105.1 General. The standards listed in 105.2 are incorporated by reference in this document and are part of the requirements to the prescribed extent of each such reference. The Director of the Federal Register has approved these standards for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the referenced standards may be inspected at the Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW, Suite 1000, Washington, DC 20004; at the Department of Justice, Civil Rights Division, Disability Rights Section, 1425 New York Avenue, NW, Washington, DC; at the Department of Transportation, 400 Seventh Street, SW, Room 10424, Washington DC; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

105.2 Referenced Standards. The specific edition of the standards listed below are referenced in this document. Where differences occur between this document and the referenced standards, this document applies.

105.2.1 ANSI/BHMA. Copies of the referenced standards may be obtained from the Builders Hardware Manufacturers Association, 355 Lexington Avenue, 17th floor, New York, NY 10017 (http://www.buildershardware.com).

ANSI/BHMA A*********** American National Standard for Power Operated Pedestrian Doors (see 404.3).

ANSI/BHMA A*********** American National Standard for Power Assist and Low Energy Power Operated Doors (see 404.3, 408.3.2.1, and 409.3.1).

ANSI/BHMA A*********** American National Standard for Power Assist and Low Energy Power Operated Doors (see 404.3, 408.3.2.1, and 409.3.1).

Advisory 105.2.1 ANSI/BHMA. ANSI/BHMA A*********** applies to power operated doors for pedestrian use which open automatically when approached by pedestrians. Included are provisions intended to reduce the chance of user injury or entrapment.

ANSI/BHMA A*********** and A*********** applies to power assist doors, low energy power operated doors or low energy power open doors for pedestrian use not provided for in ANSI/BHMA A156.10 for Power Operated Pedestrian Doors. Included are provisions intended to reduce the chance of user injury or entrapment.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

CHAPTER 1: APPLICATION AND ADMINISTRATION

105 Referenced Standards

105.2.2 ASME. Copies of the referenced standards may be obtained from the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016 (http://www.asme.org).

ASME A17.1- 2000 Safety Code for Elevators and Escalators, including ASME A17.1a-2002 Addenda and ASME A17.1b-2003 Addenda (see 407.1, 408.1, 409.1, and 810.9).

ASME A18.1-1999 Safety Standard for Platform Lifts and Stairway Chairlifts, including ASME A18.1a-2001 Addenda and ASME A18.1b-2001 Addenda (see 410.1).

ASME A18.1-2003 Safety Standard for Platform Lifts and Stairway Chairlifts, (see 410.1).

Advisory 105.2.2 ASME. ASME A17.1-2000 is used by local jurisdictions throughout the United States for the design, construction, installation, operation, inspection, testing, maintenance, alteration, and repair of elevators and escalators. The majority of the requirements apply to the operational machinery not seen or used by elevator passengers. ASME A17.1 requires a two-way means of emergency communications in passenger elevators. This means of communication must connect with emergency or authorized personnel and not an automated answering system. The communication system must be push button activated. The activation button must be permanently identified with the word "HELP." A visual indication acknowledging the establishment of a communications link to authorized personnel must be provided. The visual indication must remain on until the call is terminated by authorized personnel. The building location, the elevator car number, and the need for assistance must be provided to authorized personnel answering the emergency call. The use of a handset by the communications system is prohibited. Only the authorized personnel answering the call can terminate the call. Operating instructions for the communications system must be provided in the elevator car.

The provisions for escalators require that at least two flat steps be provided at the entrance and exit of every escalator and that steps on escalators be demarcated by yellow lines 2 inches wide maximum along the back and sides of steps.

ASME A18.1-1999 and ASME A18.1-2003 address the design, construction, installation, operation, inspection, testing, maintenance and repair of lifts that are intended for transportation of persons with disabilities. Lifts are classified as: vertical platform lifts, inclined platform lifts, inclined stairway chairlifts, private residence vertical platform lifts, private residence inclined platform lifts, and private residence inclined stairway chairlifts.

This document does not permit the use of inclined stairway chairlifts which do not provide platforms because such lifts require the user to transfer to a seat.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

CHAPTER 1: APPLICATION AND ADMINISTRATION

105 Referenced Standards

Advisory 105.2.2 ASME. 

ASME A18.1 contains requirements for runways, which are the spaces in which platforms or seats move. The standard includes additional provisions for runway enclosures, electrical equipment and wiring, structural support, headroom clearance (which is 80 inches minimum), lower level access ramps and pits. The enclosure walls not used for entry or exit are required to have a grab bar the full length of the wall on platform lifts. Access ramps are required to meet requirements similar to those for ramps in Chapter 4 of this document.

Each of the lift types addressed in ASME A18.1 must meet requirements for capacity, load, speed, travel, operating devices, and control equipment. The maximum permitted height for operable parts is consistent with Section 308 of this document. The standard also addresses attendant operation. However, Section 410.1 of this document does not permit attendant operation.

105.2.3 ASTM. Copies of the referenced standards may be obtained from the American Society for Testing and Materials, 100 Bar Harbor Drive, West Conshohocken, Pennsylvania 19428 (http://www.astm.org).

ASTM F 1292-99 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment (see 1008.2.6.2).

ASTM F 1292-04 Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment (see 1008.2.6.2).

ASTM F 1487-01 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use (see 106.5).

ASTM F 1951-99 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment (see 1008.2.6.1).

Advisory 105.2.3 ASTM. ASTM F 1292-99 and ASTM F 1292-04 establish a uniform means to measure and compare characteristics of surfacing materials to determine whether materials provide a safe surface under and around playground equipment. These standards are referenced in the play areas requirements of this document when an accessible surface is required inside a play area use zone where a fall attenuating surface is also required. The standards cover the minimum impact attenuation requirements, when tested in accordance with Test Method F 355, for surface systems to be used under and around any piece of playground equipment from which a person may fall.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

CHAPTER 1: APPLICATION AND ADMINISTRATION

105 Referenced Standards

Advisory 105.2.3 ASTM.

ASTM F 1487-01 establishes a nationally recognized safety standard for public playground equipment to address injuries identified by the U.S. Consumer Product Safety Commission. It defines the use zone, which is the ground area beneath and immediately adjacent to a play structure or play equipment designed for unrestricted circulation around the equipment and on whose surface it is predicted that a user would land when falling from or exiting a play structure or equipment. The play areas requirements in this document reference the ASTM F 1487 standard when defining accessible routes that overlap use zones requiring fall attenuating surfaces. If the use zone of a playground is not entirely surfaced with an accessible material, at least one accessible route within the use zone must be provided from the perimeter to all accessible play structures or components within the playground.

ASTM F 1951-99 establishes a uniform means to measure the characteristics of surface systems in order to provide performance specifications to select materials for use as an accessible surface under and around playground equipment. Surface materials that comply with this standard and are located in the use zone must also comply with ASTM F 1292. The test methods in this standard address access for children and adults who may traverse the surfacing to aid children who are playing. When a surface is tested it must have an average work per foot value for straight propulsion and for turning less than the average work per foot values for straight propulsion and for turning, respectively, on a hard, smooth surface with a grade of 7% (1:14).

105.2.4 ICC/IBC. Copies of the referenced standard may be obtained from the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041 (www.iccsafe.org).

International Building Code, 2000 Edition (see 207.1, 207.2, 216.4.2, 216.4.3, and 1005.2.1).

International Building Code, 2001 Supplement (see 207.1 and 207.2).

International Building Code, 2003 Edition (see 207.1, 207.2, 216.4.2, 216.4.3, and 1005.2.1).


2010 Standards: 2004 ADAAG for Titles II and III Facilities

CHAPTER 1: APPLICATION AND ADMINISTRATION

105 Referenced Standards

 

Advisory 105.2.4 ICC/IBC. International Building Code (IBC)-2000 (including 2001 Supplement to the International Codes) and IBC-2003 are referenced for means of egress, areas of refuge, and railings provided on fishing piers and platforms. At least one accessible means of egress is required for every accessible space and at least two accessible means of egress are required where more than one means of egress is required. The technical criteria for accessible means of egress allow the use of exit stairways and evacuation elevators when provided in conjunction with horizontal exits or areas of refuge. While typical elevators are not designed to be used during an emergency evacuation, evacuation elevators are designed with standby power and other features according to the elevator safety standard and can be used for the evacuation of individuals with disabilities. The IBC also provides requirements for areas of refuge, which are fire-rated spaces on levels above or below the exit discharge levels where people unable to use stairs can go to register a call for assistance and wait for evacuation.

The recreation facilities requirements of this document references two sections in the IBC for fishing piers and platforms. An exception addresses the height of the railings, guards, or handrails where a fishing pier or platform is required to include a guard, railing, or handrail higher than 34 inches (865 mm) above the ground or deck surface.

105.2.5 NFPA. Copies of the referenced standards may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (http://www.nfpa.org).

NFPA 72 National Fire Alarm Code, 1999 Edition (see 702.1 and 809.5.2).

NFPA 72 National Fire Alarm Code, 2002 Edition (see 702.1 and 809.5.2).

Advisory 105.2.5 NFPA. NFPA 72-1999 and NFPA 72-2002 address the application, installation, performance, and maintenance of protective signaling systems and their components. The NFPA 72 incorporates Underwriters Laboratory (UL) 1971 by reference. The standard specifies the characteristics of audible alarms, such as placement and sound levels. However, Section 702 of these requirements limits the volume of an audible alarm to 110 dBA, rather than the maximum 120 dBA permitted by NFPA 72-1999.

NFPA 72 specifies characteristics for visible alarms, such as flash frequency, color, intensity, placement, and synchronization. However, Section 702 of this document requires that visual alarm appliances be permanently installed. UL 1971 specifies intensity dispersion requirements for visible alarms. In particular, NFPA 72 requires visible alarms to have a light source that is clear or white and has polar dispersion complying with UL 1971.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

CHAPTER 1: APPLICATION AND ADMINISTRATION

106 Definitions

106.1 General. For the purpose of this document, the terms defined in 106.5 have the indicated meaning.

Advisory 106.1 General. Terms defined in Section 106.5 are italicized in the text of this document.

106.2 Terms Defined in Referenced Standards. Terms not defined in 106.5 or in regulations issued by the Department of Justice and the Department of Transportation to implement the Americans with Disabilities Act, but specifically defined in a referenced standard, shall have the specified meaning from the referenced standard unless otherwise stated.

106.3 Undefined Terms. The meaning of terms not specifically defined in 106.5 or in regulations issued by the Department of Justice and the Department of Transportation to implement the Americans with Disabilities Act or in referenced standards shall be as defined by collegiate dictionaries in the sense that the context implies.

106.4 Interchangeability. Words, terms and phrases used in the singular include the plural and those used in the plural include the singular.

106.5 Defined Terms.

Accessible. A site, building, facility, or portion thereof that complies with this part.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 5.00:            DEFINITIONS

5.1      GENERAL

As used in 521 CMR, the following words shall have the meaning set forth in 521 CMR 5.00 unless the context otherwise requires.

ACCESS AISLE:  An accessible pedestrian space between elements such as parking spaces, seating, or desks that provides clearances complying with 521 CMR.

 

ACCESSIBLE: A site, building, facility or portion thereof that complies with 521 CMR and that can be approached, entered, and used by persons with disabilities.  When the term "accessible" is used, it shall mean both physical and communication accessible unless otherwise noted in 521 CMR.

 

ACCESSIBLE ELEMENT:  An element complying with 521 CMR that can be used by persons with disabilities (for example, telephone, controls, appliances, equipment and the like).

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Accessible Means of Egress. A continuous and unobstructed way of egress travel from any point in a building or facility that provides an accessible route to an area of refuge, a horizontal exit, or a public way.


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

ACCESSIBLE ROUTE:  A continuous, unobstructed path connecting all accessible elements and spaces within or between buildings or facilities.  Interior accessible routes may include corridors, floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible routes may include parking, access aisles, curb cuts, crosswalks at vehicular ways, walks, ramps, and lifts.

 

ACCESSIBLE SPACE:  Space that complies with 521 CMR and that can be used by persons with disabilities.

 

ADAPTABILITY:  The ability of certain building spaces and elements, such as kitchen counters, sinks, and grab bars, to be added or altered so as to accommodate the needs of persons with or without disabilities or with different types or degrees of disability.

 

ADAPTABLE:  Can readily be made accessible to, functional for, and safe for use by persons with disabilities without structural change.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Addition. An expansion, extension, or increase in the gross floor area or height of a building or facility.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

ADDITION:  An extension or increase in floor area or height of a building or structure.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Administrative Authority. A governmental agency that adopts or enforces regulations and guidelines for the design, construction, or alteration of buildings and facilities.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

ADMINISTRATIVE AUTHORITY:  A governmental agency that adopts or enforces regulations for the design, construction, or alteration of buildings and facilities.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Alteration. A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

ALTERATIONS:  A change or modification of a building or structure, or portion thereof, that requires a building permit.  Alterations shall include but not be limited to:  remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangements in the plan configuration of walls and full height partitions, and any repairs which require a building permit. Ordinary repairs as defined in 780 CMR: The State Building Code are not alterations.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Amusement Attraction. Any facility, or portion of a facility, located within an amusement park or theme park which provides amusement without the use of an amusement device. Amusement attractions include, but are not limited to, fun houses, barrels, and other attractions without seats.

Amusement Ride. A system that moves persons through a fixed course within a defined area for the purpose of amusement.

Amusement Ride Seat. A seat that is built-in or mechanically fastened to an amusement ride intended to be occupied by one or more passengers.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

AREA OF RESCUE ASSISTANCE:  An area, which has direct access to an exit or an area adjacent to an exit discharge, where people who are unable to use stairs or are unable to travel more than 100 feet to a public way may remain temporarily in safety to await further instructions or assistance during emergency evacuation.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Area of Sport Activity. That portion of a room or space where the play or practice of a sport occurs.

Assembly Area. A building or facility, or portion thereof, used for the purpose of entertainment, educational or civic gatherings, or similar purposes. For the purposes of these requirements, assembly areas include, but are not limited to, classrooms, lecture halls, courtrooms, public meeting rooms, public hearing rooms, legislative chambers, motion picture houses, auditoria, theaters, playhouses, dinner theaters, concert halls, centers for the performing arts, amphitheaters, arenas, stadiums, grandstands, or convention centers.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

ASSEMBLY AREA:  A room or space accommodating a group of individuals for recreational, educational, political, social, or amusement purposes or for the consumption of food and drink.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Assistive Listening System (ALS). An amplification system utilizing transmitters, receivers, and coupling devices to bypass the acoustical space between a sound source and a listener by means of induction loop, radio frequency, infrared, or direct-wired equipment.


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

ASSISTIVE LISTENING SYSTEM: An assistive listening system picks up sound at or close  to its source, amplifies it, and delivers it to the listener's ear without extraneous sound, reverberation and distortion via a telecoil on the individual's hearing aid and through earphones.  An assistive listening system may stand alone or augment a conventional public address or audio address system, depending on the requirements of the room.  The type of assistive listening system appropriate for a particular application depends on the characteristics of the setting, the nature of the program, and the intended audience.  Magnetic induction loops, infra‑red and radio frequency systems are types of listening systems that are appropriate for various applications.

 

AUTOMATIC DOOR:  A door equipped with a power‑operated mechanism and controls which open and close the door automatically.  The switch that begins the automatic cycle may be a photoelectric device, floor mat, or manual switch (see power‑assisted door).

 

BATHROOM:  A space or a series of interconnected spaces that contain a toilet, sink, and bathtub or shower.

 

BOARD:  The Architectural Access Board within the Executive Office of Public Safety, Commonwealth of Massachusetts.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Boarding Pier. A portion of a pier where a boat is temporarily secured for the purpose of embarking or disembarking.

Boat Launch Ramp. A sloped surface designed for launching and retrieving trailered boats and other water craft to and from a body of water.

 

Boat Slip. That portion of a pier, main pier, finger pier, or float where a boat is moored for the purpose of berthing, embarking, or disembarking.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

BRAILLE:  A standardized system for communicating in writing with persons who are blind.  Grade II Braille is standard literary Braille.  Standard dimensions for literary Braille are as follows:  Dot diameter: .059 inches; Inter‑dot spacing: .090 inches;  Horizontal separation between cells: .241 inches; and Vertical separation between cells: .395 inches.

 

BRIDGE PLATE:  An element which makes the final transition between a fixed or floating platform and a vehicle or vessel.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

BUILDING:  A structure enclosed within exterior walls or fire walls (as defined in 780 CMR), built, erected and framed in a combination of any materials, whether portable or fixed having a roof, to form a structure for the shelter of persons, animals or property.  For the purposes of this definition, "roof" shall include an awning or similar covering, whether or not permanent in nature.  The word "building" shall be construed where the context requires, as though followed by the words "or part or parts thereof".  For application of 521 CMR, each portion of a building which is separated from other portions by fire walls (as defined in 780 CMR) and are not dependent on the existing building for accessible elements shall be considered as a separate building.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Catch Pool. A pool or designated section of a pool used as a terminus for water slide flumes.

Characters. Letters, numbers, punctuation marks and typographic symbols.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

CHANGE OF USE:  Varying the use of a building from a private use to one that is open to and used by the public.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Children's Use. Describes spaces and elements specifically designed for use primarily by people 12 years old and younger.

Circulation Path. An exterior or interior way of passage provided for pedestrian travel, including but not limited to, walks, hallways, courtyards, elevators, platform lifts, ramps, stairways, and landings.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

CLEAR:  Unobstructed.

 

CLEAR FLOOR SPACE:  The minimum unobstructed floor or ground space required to accommodate a single, stationary wheelchair and occupant.  Unless otherwise stated, the dimensions of clear floor space shall be 30 inches by 48 inches (30" by 48" = 762mm by 1219mm) and shall be level.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Closed-Circuit Telephone. A telephone with a dedicated line such as a house phone, courtesy phone or phone that must be used to gain entry to a facility.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

CLOSED CIRCUIT TELEPHONE:  A telephone with dedicated line(s), such as a house phone, courtesy phone, or security gates with intercoms, that require voice communication to obtain clearance to enter a facility or project.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Common Use. Interior or exterior circulation paths, rooms, spaces, or elements that are not for public use and are made available for the shared use of two or more people.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

COMMON USE:  Refers to those interior and exterior rooms, spaces, or elements that are made available for the use of a restricted group of people (for example, occupants of homeless shelters, office buildings, residences or the guests of such occupants).

 

COMMUTER RAIL:  Short‑haul passenger service operating in metropolitan and suburban areas, whether within or across geographical boundaries of a state, usually characterized by reduced fare, multiple ride, and commutation tickets, and by morning and afternoon peak period operations.  This term does not include light or rapid rail transportation.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

COMPLEX:  Multiple housing developed on one or more sites by a single entity.

 

For complexes currently owned or financed by public agencies, including local housing authorities, Massachusetts Housing Finance Agency, or Housing and Urban Development, the complex means the whole of one or more residential structures and appurtenant structures, equipment, roads, walks, and parking lots which a single entity owns, within a municipality, and is or will be covered by a single mortgage contract for permanent financing or was originally constructed or acquired under one contract for financial assistance for new construction or acquisition

 

CONSTRUCTION:  Work for which a building permit is required, work determined to be construction by a state or local building inspector, or work for which a certificate of occupancy is necessary upon completion.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Cross Slope. The slope that is perpendicular to the direction of travel (see running slope).

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

CROSS SLOPE:  The slope that is perpendicular to the running slope and the direction of travel.

 

CURB CUT:  A short ramp cutting through a curb.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Curb Ramp. A short ramp cutting through a curb or built up to it.

Detectable Warning. A standardized surface feature built in or applied to walking surfaces or other elements to warn of hazards on a circulation path.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

           DETECTABLE WARNING:  A standardized surface feature built in or applied to walking surfaces or other elements to give warning of hazards on a circulation path.

 

DWELLING UNIT:  A unit providing living facilities for one or more persons.  (See 521 CMR 8.00:  TRANSIENT LODGING FACILITIES for more detailed information.)

 

EGRESS, MEANS OF:  A continuous and unobstructed path of travel from any point in a building or structure to a public way and consisting of three separate and distinct parts:  (a)  the exit access, (b) the exit, and (c) the exit discharge.  A means of egress comprises the vertical and horizontal means of travel and shall include intervening room spaces, doorways, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, horizontal exits, courts and yards.

 

An accessible means of egress is one that complies with 521 CMR and does not include stairs, steps, or escalators.  Areas of rescue assistance or evacuation elevators may be included as part of accessible means of egress.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Element. An architectural or mechanical component of a building, facility, space, or site.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

ELEMENT:  An architectural or mechanical component of a building, facility, space or site, e.g., telephone, curb cut, door, drinking fountain, seating, or water closet.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Elevated Play Component. A play component that is approached above or below grade and that is part of a composite play structure consisting of two or more play components attached or functionally linked to create an integrated unit providing more than one play activity.

 

Employee Work Area. All or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are not employee work areas.

 

Entrance. Any access point to a building or portion of a building or facility used for the purpose of entering. An entrance includes the approach walk, the vertical access leading to the entrance platform, the entrance platform itself, vestibule if provided, the entry door or gate, and the hardware of the entry door or gate.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

ENTRANCE:  Any access point to a building or portion of a building or facility used for the purpose of entering.  An entrance includes the approach walk, stairs, lifts, ramp or other vertical access leading to the entrance platform; the entrance platform itself; vestibules, if provided; the entry door(s) or gate(s); and the hardware of the entry door(s) or gate(s).

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Facility. All or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

FACILITY:  All or any portion of buildings, structures, site improvements, complexes, equipment, roads, walks, passageways, parking lots, or other real or personal property located on a site.

 

FINAL DECISION: Determination of the Board, arrived at after consideration of the facts brought to its attention in accordance with 521 CMR.

 

FULL AND FAIR CASH VALUE OF THE BUILDING:  The assessed valuation of a building (not including the land) as recorded in the Assessor's Office of the municipality at the time the building permit is issued as equalized at 100% valuation.  The 100% equalized assessed value shall be based upon Massachusetts Department of Revenue's determination of the particular city's or town's assessment ratio.

 

EXAMPLE: Town X has an assessment ratio of 40%, the particular building in question is assessed at $200,000.00.  To determine the equalized assessed value of this building, divide $200,000.00 by 0.4.  The equalized assessed value equals $500,000.00.

EXCEPTIONS:

a.   If no assessed value exists, or the assessed value is more than three years old, a request to substitute the appraised value may be submitted to the Board.  The request to use the appraised value must be submitted by a certified appraiser or for transit facilities, either a certified appraiser or an independent registered professional engineer and must be submitted prior to obtaining a building permit for the project.


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

EXCEPTIONS

b.   The value of multiple dwellings owned or financed by public sector agencies, local housing authorities, Massachusetts Housing Finance Agency, or the Department of Housing and Urban Development shall be determined by replacement cost.

c.   The value of buildings owned, constructed, or renovated by the Commonwealth of Massachusetts shall be determined by the replacement cost. 

 

When part of a building is subject to 521 CMR, the full and fair cash value shall be based on the percentage of the full and fair cash value of the whole which equals the ratio of the square footage of the part of the building to the square footage of the whole building; if the Board determines the application of this formula to cause an inequitable result, the Board may otherwise calculate the full and fair cash value of the part of a building at issue.

 

EXAMPLE: Where the whole building is 100,000 square feet, the part in question is 10,000 square feet, and the equalized value of the whole is $1,000,000.00, the full and fair cash value of the part is $100,000.00

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Gangway. A variable-sloped pedestrian walkway that links a fixed structure or land with a floating structure. Gangways that connect to vessels are not addressed by this document.

Golf Car Passage. A continuous passage on which a motorized golf car can operate.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

GROUND FLOOR:  The floor of a building closest to the level of the exterior grade and any floor within 36 inches (36" = 914mm) of an exterior grade at some or all of its perimeter.  Buildings on sloped sites may have more than one ground floor.  For multiple dwellings with a garage or commercial space at grade level, the first floor of dwelling units above the garage or commercial space shall be considered the ground floor.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Ground Level Play Component. A play component that is approached and exited at the ground level.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

GROUP 1:  Applies to dwelling units that have features that can be modified without structural change to meet the specific functional needs of an occupant with a disability.

 

GROUP 2A:  Applies to dwelling units that have features similar to Group 1, but have the additional feature of greater floor space to accommodate the needs of occupants who need such space due to their disability.

 

GROUP 2B:  Applies to dwelling units that contain features that provide, at the time of initial construction, full accessibility without need for further modification.

 

HALF BATHROOM:  A space with a toilet and a sink.

 

IMPRACTICABLE/IMPRACTICABILITY:

(a)   Compliance with 521 CMR would be technologically unfeasible; or

(b)   compliance with 521 CMR would result in excessive and unreasonable costs without any substantial benefit to persons with disabilities.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Key Station. Rapid and light rail stations, and commuter rail stations, as defined under criteria established by the Department of Transportation in 49 CFR 37.47 and 49 CFR 37.51, respectively.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

LEVEL:  Sloped no more than 1:50 or 2%

 

LIGHT RAIL:  A light rail vehicle is a streetcar type vehicle operated on city streets, semi‑exclusive rights of way, or exclusive rights of way.

 

LODGING HOUSE: A building where lodgings are let to four or more persons not within second degree of kindred to the persons operating the facility, including fraternity houses and dormitories of educational institutions. 

 

LOFT:  An intermediate level between the floor and ceiling of any story, located within a room or rooms of a dwelling.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Mail Boxes. Receptacles for the receipt of documents, packages, or other deliverable matter. Mail boxes include, but are not limited to, post office boxes and receptacles provided by commercial mail-receiving agencies, apartment facilities, or schools.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

MARINE FACILITIES:  Marine facilities shall include, but not be limited to, piers, docks, wharves, bulkheads, seawalls, and any other fixed manmade structures at the land/water interface, and floating structures including barges, floating docks, and rafts which provide access from the water's edge to floating vessels including, but not limited to, boats, ships, ferries, or any other form of waterborne transportation.

 

MARINE RAMPS:  Marine ramps are ramps, gangways, or walkways with a maximum slope of 1:12, or with any slope that is less steep than 1:12, under nominal marine conditions, and which span from land or a fixed pier to a floating vessel or dock, or which are fixed to a floating structure.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Marked Crossing. A crosswalk or other identified path intended for pedestrian use in crossing a vehicular way.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

MARKED CROSSING:  A crosswalk or other identified path intended for pedestrian use in crossing a vehicular way.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Mezzanine. An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which the level or levels are located. Mezzanines have sufficient elevation that space for human occupancy can be provided on the floor below.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

MEZZANINE OR MEZZANINE FLOOR:  An intermediate level between the floor and ceiling of any story with an aggregate floor area of not more than 33% of the floor area of the story in which the level is located.

 

MULTIFAMILY DWELLING:  Any building containing more than two dwelling units.

 

MULTIPLE DWELLING:  A lodging or residential facility for hire, rent, lease, or sale, containing three or more dwelling units.

 

NOMINAL MARINE CONDITIONS:  Denotes a condition in the marine environment where physical facilities are unmoved by the effects of wind, waves, wakes, currents, and weather conditions.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Occupant Load. The number of persons for which the means of egress of a building or portion of a building is designed.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

OCCUPIABLE:  A room or enclosed space designed for human occupancy in which individuals congregate for amusement, education or similar purposes, or in which occupants are engaged in labor, and which is equipped with means of egress, light, and ventilation.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Operable Part. A component of an element used to insert or withdraw objects, or to activate, deactivate, or adjust the element.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

OPERABLE PART:  A part of a piece of equipment or appliance used to insert or withdraw objects, or to activate, deactivate, or adjust the equipment or appliance (for example, coin slot, pushbutton, handle).

 

ORDINARY REPAIRS:  Any maintenance which does not affect structure, egress, fire protection systems, fire ratings, energy conservation provisions, plumbing, sanitary, gas, electrical or other utilities.

 

PERSONS WITH DISABILITIES:  Individuals who experience substantial limitations in one or more major life activities, including but not limited to such functions as performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.  Persons with disabilities shall include but not be limited to those who have the inability to walk, difficulty walking, hearing disabilities, lack of coordination, reaching and manipulation disabilities stamina, difficulty interpreting and reacting to sensory information and extremes in physical size.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Pictogram. A pictorial symbol that represents activities, facilities, or concepts.

Play Area. A portion of a site containing play components designed and constructed for children.

Play Component. An element intended to generate specific opportunities for play, socialization, or learning. Play components are manufactured or natural; and are stand-alone or part of a composite play structure.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

POWER‑ASSISTED DOOR:  A door with a mechanism that helps to open the door or  that reduces the opening resistance of a door, upon the activation of a switch or a continued force applied to the door itself.

 

PRIMARY FUNCTION AREA:  A major activity for which the facility is intended.  Areas that contain a primary function include, but are not limited to: the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and all other work areas in which the activities of the public are carried out.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Private Building or Facility. A place of public accommodation or a commercial building or facility subject to Title III of the ADA and 28 CFR part 36 or a transportation building or facility subject to Title III of the ADA and 49 CFR 37.45.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

PROJECT:  See 521 CMR 5.00:  Complex

 

PROPRIETOR: One with title to the establishment who owns the entire fee or portion of the entire fee and the consequent right to dispose of the establishment or such fee portion as vested in him or her.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Public Building or Facility. A building or facility or portion of a building or facility designed, constructed, or altered by, on behalf of, or for the use of a public entity subject to Title II of the ADA and 28 CFR part 35 or to Title II of the ADA and 49 CFR 37.41 or 37.43.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

PUBLIC BUILDING:

 

a.      A building privately or publicly financed that is open to and used by the public, including but not limited to transportation terminals, institutional buildings, educational buildings, commercial buildings, buildings having places of assembly, hotels, motels, dormitories, multiple dwellings consisting of three or more units, 5% of the units in lodging or residential facilities for rent, hire or lease containing 20 or more units,  public use and common use areas of apartment buildings and condominiums,  parking lots of 15 or more automobiles, public sidewalks and ways,  funeral homes, and public rest rooms, and public areas of shopping centers and restaurants.

 

b.      A building constructed by the Commonwealth or any political subdivision thereof with public funds and open to public use, including but not limited to those constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts Parking Authority, the Massachusetts Turnpike Authority, the Massachusetts Bay Transportation Authority, and building authorities of any public educational institution or their successors.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Public Entrance. An entrance that is not a service entrance or a restricted entrance.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Public Use. Interior or exterior rooms, spaces, or elements that are made available to the public. Public use may be provided at a building or facility that is privately or publicly owned.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

PUBLIC USE:  Describes interior or exterior rooms or spaces that are made available to the general public.  Public use may be provided at a building or facility that is privately or publicly owned.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Public Way. Any street, alley or other parcel of land open to the outside air leading to a public street, which has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height of not less than 10 feet (3050 mm).

Qualified Historic Building or Facility. A building or facility that is listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate State or local law.

Ramp. A walking surface that has a running slope steeper than 1:20.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

RAMP:  A walking surface that has a running slope greater than 1:20 but no greater than or equal to 1:12.

 

RAPID RAIL:  A subway type transit vehicle railway operated on exclusive private rights of way with high level platforms.  Rapid rail may be operated on elevated or at grade level track separated from other traffic.

 

REASONABLE MODIFICATION:  Physical changes to multiple dwellings requested by persons with disabilities or their agents to enable full use and enjoyment thereof, as described in M.G.L., c. 151B, § 4(a), or St. 1989, c. 722.

 

RECONSTRUCTION:  The tearing down, removal, demolition or replacement of a public building or part of a public building.

 

REMODELING:  Modification beyond an interior decoration or involving any structural changes, or the redecorating of a public building for which the cost of such refurbishing, updating or redecorating equals or exceeds 5% of the full and fair cash value of the building.

 

REPAIR:  The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

 


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

REPLACEMENT COST:  Current cost of construction and equipment for a newly constructed building.

a.         For multiple dwellings, replacement cost shall be determined by $73.32 per square foot.

b.         For courthouses, correctional facilities, educational facilities and other buildings (other than multiple dwellings) owned, constructed, or renovated by the Commonwealth of Massachusetts, the replacement cost shall be determined by and reflected in the Commonwealth’s Capital Asset Management Information System (CAMIS) survey and data base, for state owned buildings.  The Division of Capital Asset Management (DCAM) shall file the CAMIS database, containing the replacement costs, with the Board.  DCAM shall update the replacement costs annually as of the first day of January each year, based on the inflation rate determined by R.S. Means, including appropriate adjustments for location and other factors.  For buildings that are not included in the CAMIS database, but may be renovated by DCAM such as county-owned facilities, the replacement costs shall be calculated by DCAM based on the replacement costs for comparable facilities that are included in the CAMIS database.  DCAM shall supplement the CAMIS database on file with the Board, for any such building, by preparing and filing documentation identifying the replacement cost for the building and how it was calculated.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Residential Dwelling Unit. A unit intended to be used as a residence, that is primarily long-term in nature. Residential dwelling units do not include transient lodging, inpatient medical care, licensed long-term care, and detention or correctional facilities.

Restricted Entrance. An entrance that is made available for common use on a controlled basis but not public use and that is not a service entrance.

Running Slope. The slope that is parallel to the direction of travel (see cross slope).

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

RUNNING SLOPE:  The slope that is parallel to the direction of travel and perpendicular to the cross slope.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Self-Service Storage. Building or facility designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.

Service Entrance. An entrance intended primarily for delivery of goods or services.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

SERVICE ENTRANCE:  An entrance intended primarily for delivery of goods or services.

 

SIDEWALK:  A prepared walk within a street right of way.

 

SIGNAGE:  Displayed verbal, symbolic, tactile, and/or pictorial information.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Site. A parcel of land bounded by a property line or a designated portion of a public right-of-way.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

SITE:  A parcel of land bounded by a property line, or a designated portion of a public right‑of‑way.

 

SITE IMPROVEMENT:  Landscaping, paving for pedestrian and vehicular ways, outdoor lighting, recreational facilities, and the like, added to a site. 

 

SLEEPING ACCOMMODATIONS:  Rooms in which people sleep; for example, dormitory and hotel or motel guest rooms or suites.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Soft Contained Play Structure. A play structure made up of one or more play components where the user enters a fully enclosed play environment that utilizes pliable materials, such as plastic, netting, or fabric.

Space. A definable area, such as a room, toilet room, hall, assembly area, entrance, storage room, alcove, courtyard, or lobby.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

SPACE:  A definable area, e.g., room, toilet room, hall, assembly area, entrance, storage room, alcove, courtyard, or lobby.

 

SPRING TIDE RANGE:  The spring tide range for coastal communities in Massachusetts shall be that number published in "Table 2 ‑ Tidal Difference and other Constants" of the current:  Tide Tables ‑ High and Low Tide Predictions East Coast of North America and South America including Greenland as published by the U.S. Department of Commerce, National Oceanographic and Atmospheric Administration, National Ocean Service.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Story. That portion of a building or facility designed for human occupancy included between the upper surface of a floor and upper surface of the floor or roof next above. A story containing one or more mezzanines has more than one floor level.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

STORY:  That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.  If such portion of a building does not include occupiable space, it is not considered a story for the purposes of 521 CMR.  There may be more than one floor level within a story as in the case of a mezzanine or mezzanines.

 

STRUCTURAL CHANGE:  Structural change includes major reconstruction of walls or partitions or relocation of bearing walls or partitions.  Minor alterations including the opening of sections of walls and/or the relocation of equipment or fixtures is not considered a structural change.

 

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Structural Frame. The columns and the girders, beams, and trusses having direct connections to the columns and all other members that are essential to the stability of the building or facility as a whole.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

STRUCTURAL FRAME:  The structural frame shall be considered to be the columns and the girders, beams, trusses, foundation and spandrels having direct connections to the columns and all other members that are essential to the stability of the building as a whole.

 

STRUCTURAL STRENGTH:  Structural strength of grab bars, shower seats, fasteners and mounting devices shall be as follows:

 

a.     Bending stress in a grab bar or seat induced by the maximum bending moment from the application of 250 lbs. shall be less than the allowable stress for the material of the grab bar or seat.

b.     Shear stress induced in a grab bar or seat by the application of 250 lbs. shall be less than the allowable shear stress for the material of the grab bar or seat.  If the connection between the grab bar or seat and its mounting bracket or other supports is considered to be fully restrained, then direct and torsional shear stresses shall be totaled for the combined shear stress, which shall not exceed the allowable shear stress.

c.     Shear force induced in a fastener or mounting device from the application of 250 lbs. shall be less than the allowable lateral load of either the fastener or mounting device or the supporting structure, whichever is the smaller allowable load.

d.     Tensile force induced in a fastener by direct tension force of 250 lbs. plus the maximum moment from the application of 250 lbs. shall be less than the allowable withdrawal load between the fastener and the supporting structure

e.     Grab bars shall not rotate within their fittings.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Tactile. An object that can be perceived using the sense of touch.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

TACTILE:  Describes an object that can be perceived using the sense of touch.

 

TACTILE WARNING:  A surface texture applied to or built into walking surfaces or other elements to warn visually impaired persons of hazards in the path of travel.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Technically Infeasible. With respect to an alteration of a building or a facility, something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.

Teeing Ground. In golf, the starting place for the hole to be played.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

TEMPORARY: Temporary buildings and facilities that are used by the public for a period of time not to exceed 90 days within any calendar year.  Examples include, but are not limited to: reviewing stands, temporary classrooms, exhibit areas, street festivals, crafts fairs, music events, state and county fairs, sports events, dances, and temporary safe pedestrian passageways around a construction site.

 

TEMPORARY ACCESSIBLE PARKING: Where there are an insufficient number of accessible parking spaces or when permanent accessible parking spaces cannot be provided in time for an event, temporary accessible parking spaces can be created in permanent paved lots, as well as in dirt lots or fields.

 

TEMPORARY CURB RAMP: When temporary modifications are utilized to overcome level changes created by curbs.

 

TEMPORARY MODIFICATIONS: When changes to a site are anticipated to be in place for less than 90 days, temporary modifications compliant with 521 CMR must be made.

 

TEXT TELEPHONE (TTY):  Technology which employs interactive graphic (i.e. typed) communications through the transmission of coded signals across the standard telephone network.  These devices are also known as TDD's.

 

TIER I:  Tier I marine facilities are docks and/or piers that service scheduled, waterborne passenger vessels with a vessel length of 40 feet (40' = 12m) or greater.  These facilities will provide persons with disabilities unassisted access under nominal marine conditions.

 

TOWNHOUSE:  A dwelling unit with finished living space on more than one story.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Transfer Device. Equipment designed to facilitate the transfer of a person from a wheelchair or other mobility aid to and from an amusement ride seat.

Transient Lodging. 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, inpatient medical care facilities, licensed long-term care facilities, detention or correctional facilities, or private buildings or facilities that contain not more than five rooms for rent or hire and that are actually occupied by the proprietor as the residence of such proprietor.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

TRANSIENT LODGING:  A building, facility, or portion thereof, excluding inpatient medical care facilities, that contains one or more dwelling units or sleeping accommodations not intended for permanent residence.  Transient lodging may include but is not limited to resorts, group homes, hotels, motels, and dormitories.

 

TRANSIT FACILITY:  A physical structure whose primary function is to facilitate access to and from a transportation system which has scheduled stops at the structure.

 

TRANSIT PLATFORM: A boarding area for rail transit vehicles.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Transition Plate. A sloping pedestrian walking surface located at the end(s) of a gangway.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

TRANSITION PLATE:  A transition plate is that element connected to the end of a moving marine ramp which provides access from the end of the marine ramp to a level platform.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

TTY. An abbreviation for teletypewriter. Machinery that employs interactive text-based communication through the transmission of coded signals across the telephone network. TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

USE:  Purpose for which the building is designed, used or intended to be used.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Use Zone. The ground level area beneath and immediately adjacent to a play structure or play equipment that is designated by ASTM F 1487 (incorporated by reference, see "Referenced Standards" in Chapter 1) for unrestricted circulation around the play equipment and where it is predicted that a user would land when falling from or exiting the play equipment.

Vehicular Way. A route provided for vehicular traffic, such as in a street, driveway, or parking facility.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

VEHICULAR WAY:  A route intended for vehicular traffic, such as a street, driveway, or parking lot.

 

VESSEL LENGTH: Vessel length means the straight line horizontal measurement of the overall length from the foremost part of the boat to the aftermost part of the boat, measured from end to end over the deck, excluding sheer, and measured parallel to the centerline.  Bow sprits, bumpkins, rudders, outboard motor brackets, handles, and other similar fittings, attachments, and extensions are not included in the measurement.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Walk. An exterior prepared surface for pedestrian use, including pedestrian areas such as plazas and courts.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

WALK (WALKWAY):  An interior or exterior pathway with a prepared surface intended for pedestrian use, including but not limited to general pedestrian areas such as plazas, courts and crosswalks.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

Wheelchair Space. Space for a single wheelchair and its occupant.

Work Area Equipment. Any machine, instrument, engine, motor, pump, conveyor, or other apparatus used to perform work. As used in this document, this term shall apply only to equipment that is permanently installed or built-in in employee work areas. Work area equipment does not include passenger elevators and other accessible means of vertical transportation.

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

WALK (WALKWAY):  An interior or exterior pathway with a prepared surface intended for pedestrian use, including but not limited to general pedestrian areas such as plazas, courts and crosswalks.

 

VARIANCE:  Modification of or substitution for a Rule or Regulation.

 

ZONE OF REACH:  An operable mechanism is within reach if it meets either criteria outlined in 521 CMR 6.5, Forward Reach or 521 CMR 6.6, Side Reach.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

201 Application

201.1 Scope. All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements.

Advisory 201.1 Scope. These requirements are to be applied to all areas of a facility unless exempted, or where scoping limits the number of multiple elements required to be accessible. For example, not all medical care patient rooms are required to be accessible; those that are not required to be accessible are not required to comply with these requirements. However, common use and public use spaces such as recovery rooms, examination rooms, and cafeterias are not exempt from these requirements and must be accessible.

201.2 Application Based on Building or Facility Use. Where a site, building, facility, room, or space contains more than one use, each portion shall comply with the applicable requirements for that use.

201.3 Temporary and Permanent Structures. These requirements shall apply to temporary and permanent buildings and facilities.

Advisory 201.3 Temporary and Permanent Structures. Temporary buildings or facilities covered by these requirements include, but are not limited to, reviewing stands, temporary classrooms, bleacher areas, stages, platforms and daises, fixed furniture systems, wall systems, and exhibit areas, temporary banking facilities, and temporary health screening facilities. Structures and equipment directly associated with the actual processes of construction are not required to be accessible as permitted in 203.2.


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:        JURISDICTION

3.1      SCOPE

All work performed on public buildings or facilities (see 521 CMR 5.00:  DEFINITIONS), including construction, reconstruction, alterations, remodeling, additions, and changes of use shall conform to 521 CMR.

 

3.1.1   To determine the scope of compliance, refer to 521 CMR 3.2, New Construction and 521 CMR 3.3, Existing Buildings.  In the absence of jurisdiction by 521 CMR, 780 CMR:  the State Building Code may apply.

                         

3.2      NEW CONSTRUCTION

All new construction of public buildings/facilities shall comply fully with 521 CMR.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

202 Existing Buildings and Facilities

202.1 General. Additions and alterations to existing buildings or facilities shall comply with 202.

202.2 Additions. Each addition to an existing building or facility shall comply with the requirements for new construction. Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with 202.4.

202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.

EXCEPTIONS:

1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.

2. In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible.

3. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with 202.3.

Advisory 202.3 Alterations. Although covered entities are permitted to limit the scope of an alteration to individual elements, the alteration of multiple elements within a room or space may provide a cost-effective opportunity to make the entire room or space accessible. Any elements or spaces of the building or facility that are required to comply with these requirements must be made accessible within the scope of the alteration, to the maximum extent feasible. If providing accessibility in compliance with these requirements for people with one type of disability (e.g., people who use wheelchairs) is not feasible, accessibility must still be provided in compliance with the requirements for people with other types of disabilities (e.g., people who have hearing impairments or who have vision impairments) to the extent that such accessibility is feasible.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

202 Existing Buildings and Facilities

202.3.1 Prohibited Reduction in Access. An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited.

202.3.2 Extent of Application. An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction.

202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General. In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General.

EXCEPTION: Residential dwelling units shall not be required to comply with 202.4.

Advisory 202.4 Alterations Affecting Primary Function Areas. An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. Department of Justice ADA regulations state, "Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area." (28 CFR 36.403 (f)(1)). See also Department of Transportation ADA regulations, which use similar concepts in the context of public sector transportation facilities (49 CFR 37.43 (e)(1)).

There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. For example, both a bank lobby and the bank's employee areas such as the teller areas and walk-in safe are primary function areas.

Also, mixed use facilities may include numerous primary function areas for each use. Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, or restrooms.


MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:        JURISDICTION

3.3      EXISTING BUILDINGS

All additions to, reconstruction, remodeling, and alterations or repairs of existing public buildings or facilities, which require a building permit or which are so defined by a state or local inspector, shall be governed by all applicable subsections in 521 CMR 3.00:  JURISDICTION.

 

For specific applicability of 521 CMR to existing multiple dwellings undergoing renovations, see 521 CMR 9.2.1.

 

3.3.1   If the work being performed amounts to less than 30% of the full and fair cash value of the building and

a.      if the work costs less than $100,000, then only the work being performed is required to comply with 521 CMR,              or

b.      if the work costs $100,000 or more, then the work being performed is required to comply with 521 CMR.  In addition, an accessible public entrance and an accessible toilet room, telephone, drinking fountain (if toilets, telephones and drinking fountains are provided) shall also be provided in compliance with 521 CMR.

 

Exception:  General maintenance and on-going upkeep of existing, underground transit facilities will not trigger the requirement for an accessible entrance and toilet unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet.

 

Exception:  Whether performed alone or in combination with each other, the following types of alterations are not subject to 521 CMR 3.3.1, unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet.  (When performing exempted work, a memo stating the exempted work and its costs must be filed with the permit application or a separate building permit must be obtained.)

a.         Curb Cuts:  The construction of curb cuts shall comply with 521 CMR 21.00: CURB CUTS.

b.         Alteration work which is limited solely to electrical mechanical, or plumbing systems; to abatement of hazardous materials; or retrofit of automatic sprinklers and does not involve the alteration of any elements or spaces required to be accessible under 521 CMR.  Where electrical outlets and controls are altered, they must comply with 521 CMR.

c.         Roof repair or replacement, window repair or replacement, repointing and masonry repair work.

d.         Work relating to septic system repairs, (including Title V, 310 CMR 15.00, improvements) site utilities and landscaping.

 

3.3.2   If the work performed, including the exempted work, amounts to 30% or more of the full and fair cash value (see 521 CMR 5.00) of the building the entire building is required to comply with 521 CMR.

a.      Where the cost of constructing an addition to a building amounts to 30% or more of the full and fair cash value of the existing building, both the addition and the existing building must be fully accessible.

 

3.3.3   Alterations by a tenant do not trigger the requirements of 521 CMR 3.3.1b and 3.3.2 for other tenants. However, alterations, reconstruction, remodeling, repairs, construction, and changes in use falling within 521 CMR 3.3.1b and 3.3.2, will trigger compliance with 521 CMR in areas of public use, for the owner of the building.

 

3.3.4   No alteration shall be undertaken which decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction.

 

3.3.5   If alterations of single elements, when considered together, amount to an alteration of a room or space in a building or facility, that space shall be made accessible.

 

3.3.6   No alteration of an existing element, space, or area of a building or facility shall impose a requirement for greater accessibility than that which would be required for new construction.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

202.5 Alterations to Qualified Historic Buildings and Facilities. Alterations to a qualified historic building or facility shall comply with 202.3 and 202.4.

EXCEPTION: Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the exceptions for alterations to qualified historic buildings or facilities for that element shall be permitted to apply.

Advisory 202.5 Alterations to Qualified Historic Buildings and Facilities Exception. State Historic Preservation Officers are State appointed officials who carry out certain responsibilities under the National Historic Preservation Act. State Historic Preservation Officers consult with Federal and State agencies, local governments, and private entities on providing access and protecting significant elements of qualified historic buildings and facilities. There are exceptions for alterations to qualified historic buildings and facilities for accessible routes (206.2.1 Exception 1 and 206.2.3 Exception 7); entrances (206.4 Exception 2); and toilet facilities (213.2 Exception 2). When an entity believes that compliance with the requirements for any of these elements would threaten or destroy the historic significance of the building or facility, the entity should consult with the State Historic Preservation Officer. If the State Historic Preservation Officer agrees that compliance with the requirements for a specific element would threaten or destroy the historic significance of the building or facility, use of the exception is permitted. Public entities have an additional obligation to achieve program accessibility under the Department of Justice ADA regulations. See 28 CFR 35.150. These regulations require public entities that operate historic preservation programs to give priority to methods that provide physical access to individuals with disabilities. If alterations to a qualified historic building or facility to achieve program accessibility would threaten or destroy the historic significance of the building or facility, fundamentally alter the program, or result in undue financial or administrative burdens, the Department of Justice ADA regulations allow alternative methods to be used to achieve program accessibility. In the case of historic preservation programs, such as an historic house museum, alternative methods include using audio-visual materials to depict portions of the house that cannot otherwise be made accessible. In the case of other qualified historic properties, such as an historic government office building, alternative methods include relocating programs and services to accessible locations. The Department of Justice ADA regulations also allow public entities to use alternative methods when altering qualified historic buildings or facilities in the rare situations where the State Historic Preservation Officer determines that it is not feasible to provide physical access using the exceptions permitted in Section 202.5 without threatening or destroying the historic significance of the building or facility. See 28 CFR 35.151(d).

The AccessAbility Office at the National Endowment for the Arts (NEA) provides a variety of resources for museum operators and historic properties including: the Design for Accessibility Guide and the Disability Symbols. Contact NEA about these and other resources at (202) 682-5532 or www.arts.gov.

 

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:        JURISDICTION

3.9      HISTORIC BUILDINGS

An historic building or facility that is listed or is eligible for listing in the National or State Register of Historic Places or is designated as historic under appropriate state or local laws may be granted a variance by the Board to allow alternate accessibility.  If a variance is requested on the basis of historical significance, then consultation with the Massachusetts Historical Commission is required in order to determine whether a building or facility is eligible for listing or listed in the National or State Register of Historic Places.  The Massachusetts Historical Commission may request a copy of the proposed variance request and supporting documentation to substantiate the variance request and its effect on historic resources.  A written statement from the Massachusetts Historical Commission is required with the application for variance.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

203 General Exceptions

203.1 General. Sites, buildings, facilities, and elements are exempt from these requirements to the extent specified by 203.

203.2 Construction Sites. Structures and sites directly associated with the actual processes of construction, including but not limited to, scaffolding, bridging, materials hoists, materials storage, and construction trailers shall not be required to comply with these requirements or to be on an accessible route. Portable toilet units provided for use exclusively by construction personnel on a construction site shall not be required to comply with 213 or to be on an accessible route.

203.3 Raised Areas. Areas raised primarily for purposes of security, life safety, or fire safety, including but not limited to, observation or lookout galleries, prison guard towers, fire towers, or life guard stands shall not be required to comply with these requirements or to be on an accessible route.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:        JURISDICTION

3.11    SECURITY STRUCTURES

Accessibility is not required to observation galleries used primarily for security purposes.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

203 General Exceptions

203.4 Limited Access Spaces. Spaces accessed only by ladders, catwalks, crawl spaces, or very narrow passageways shall not be required to comply with these requirements or to be on an accessible route.

 

MASSACHUSETTS ARCHITECTURAL ACCESS BOARD

521 CMR 3.00:        JURISDICTION

3.12    NON‑OCCUPIABLE SPACES

Spaces accessed only by ladders, catwalks, crawl spaces, or freight (non‑passenger) elevators, and frequented only by service personnel for repair purposes, are exempt.  Such spaces may include, but are not limited to, elevator pits, elevator penthouses, piping or equipment catwalks.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

203 General Exceptions

203.5 Machinery Spaces. Spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment shall not be required to comply with these requirements or to be on an accessible route. Machinery spaces include, but are not limited to, elevator pits or elevator penthouses; mechanical, electrical or communications equipment rooms; piping or equipment catwalks; water or sewage treatment pump rooms and stations; electric substations and transformer vaults; and highway and tunnel utility facilities.

203.6 Single Occupant Structures. Single occupant structures accessed only by passageways below grade or elevated above standard curb height, including but not limited to, toll booths that are accessed only by underground tunnels, shall not be required to comply with these requirements or to be on an accessible route.

203.7 Detention and Correctional Facilities. In detention and correctional facilities, common use areas that are used only by inmates or detainees and security personnel and that do not serve holding cells or housing cells required to comply with 232, shall not be required to comply with these requirements or to be on an accessible route.

203.8 Residential Facilities. In residential facilities, common use areas that do not serve residential dwelling units required to provide mobility features complying with 809.2 through 809.4 shall not be required to comply with these requirements or to be on an accessible route.

203.9 Employee Work Areas. Spaces and elements within employee work areas shall only be required to comply with 206.2.8, 207.1, and 215.3 and shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the employee work area. Employee work areas, or portions of employee work areas, other than raised courtroom stations, that are less than 300 square feet (28 m2) and elevated 7 inches (180 mm) or more above the finish floor or ground where the elevation is essential to the function of the space shall not be required to comply with these requirements or to be on an accessible route.

Advisory 203.9 Employee Work Areas. Although areas used exclusively by employees for work are not required to be fully accessible, consider designing such areas to include non-required turning spaces, and provide accessible elements whenever possible. Under the ADA, employees with disabilities are entitled to reasonable accommodations in the workplace; accommodations can include alterations to spaces within the facility. Designing employee work areas to be more accessible at the outset will avoid more costly retrofits when current employees become temporarily or permanently disabled, or when new employees with disabilities are hired. Contact the Equal Employment Opportunity Commission (EEOC) atwww.eeoc.gov for information about title I of the ADA prohibiting discrimination against people with disabilities in the workplace.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

203 General Exceptions

203.10 Raised Refereeing, Judging, and Scoring Areas. Raised structures used solely for refereeing, judging, or scoring a sport shall not be required to comply with these requirements or to be on an accessible route.

203.11 Water Slides. Water slides shall not be required to comply with these requirements or to be on an accessible route.

203.12 Animal Containment Areas. Animal containment areas that are not for public use shall not be required to comply with these requirements or to be on an accessible route.

Advisory 203.12 Animal Containment Areas. Public circulation routes where animals may travel, such as in petting zoos and passageways alongside animal pens in State fairs, are not eligible for the exception.

203.13 Raised Boxing or Wrestling Rings. Raised boxing or wrestling rings shall not be required to comply with these requirements or to be on an accessible route.

203.14 Raised Diving Boards and Diving Platforms. Raised diving boards and diving platforms shall not be required to comply with these requirements or to be on an accessible route.

204 Protruding Objects

204.1 General. Protruding objects on circulation paths shall comply with 307.

EXCEPTIONS:

1. Within areas of sport activity, protruding objects on circulation paths shall not be required to comply with 307.

2. Within play areas, protruding objects on circulation paths shall not be required to comply with 307 provided that ground level accessible routes provide vertical clearance in compliance with 1008.2.

205 Operable Parts

205.1 General. Operable parts on accessible elements, accessible routes, and in accessible rooms and spaces shall comply with 309.

EXCEPTIONS:

1. Operable parts that are intended for use only by service or maintenance personnel shall not be required to comply with 309.

2. Electrical or communication receptacles serving a dedicated use shall not be required to comply with 309.

3. Where two or more outlets are provided in a kitchen above a length of counter top that is uninterrupted by a sink or appliance, one outlet shall not be required to comply with 309.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

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205 Operable Parts

4. Floor electrical receptacles shall not be required to comply with 309.

5. HVAC diffusers shall not be required to comply with 309.

6. Except for light switches, where redundant controls are provided for a single element, one control in each space shall not be required to comply with 309.

7. Cleats and other boat securement devices shall not be required to comply with 309.3.

8. Exercise machines and exercise equipment shall not be required to comply with 309.

Advisory 205.1 General. Controls covered by 205.1 include, but are not limited to, light switches, circuit breakers, duplexes and other convenience receptacles, environmental and appliance controls, plumbing fixture controls, and security and intercom systems.

206 Accessible Routes

206.1 General. Accessible routes shall be provided in accordance with 206 and shall comply with Chapter 4.

206.2 Where Required. Accessible routes shall be provided where required by 206.2.

206.2.1 Site Arrival Points. At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve.

EXCEPTIONS:

1. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202.5, no more than one accessible route from a site arrival point to an accessible entrance shall be required.

2. An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access.

Advisory 206.2.1 Site Arrival Points. Each site arrival point must be connected by an accessible route to the accessible building entrance or entrances served. Where two or more similar site arrival points, such as bus stops, serve the same accessible entrance or entrances, both bus stops must be on accessible routes. In addition, the accessible routes must serve all of the accessible entrances on the site.

Advisory 206.2.1 Site Arrival Points Exception 2. Access from site arrival points may include vehicular ways. Where a vehicular way, or a portion of a vehicular way, is provided for pedestrian trvel, such as within a shopping center or shopping mall parking lot, this exception does not apply.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes
206.2 Where Required

206.2.2 Within a Site. At least one accessible route shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site.

 

EXCEPTION: An accessible route shall not be required between accessible buildings, accessible facilities, accessible elements, and accessible spaces if the only means of access between them is a vehicular way not providing pedestrian access.

Advisory 206.2.2 Within a Site. An accessible route is required to connect to the boundary of each area of sport activity. Examples of areas of sport activity include: soccer fields, basketball courts, baseball fields, running tracks, skating rinks, and the area surrounding a piece of gymnastic equipment. While the size of an area of sport activity may vary from sport to sport, each includes only the space needed to play. Where multiple sports fields or courts are provided, an accessible route is required to each field or area of sport activity.

206.2.3 Multi-Story Buildings and Facilities. At least one accessible route shall connect each story and mezzanine in multi-story buildings and facilities.

 

EXCEPTIONS:

1. In private buildings or facilities that are less than three stories or that have less than 3000 square feet (279 m2) per story, an accessible route shall not be required to connect stories provided that the building or facility is not a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot or other station used for specified public transportation, an airport passenger terminal, or another type of facility as determined by the Attorney General.

2. Where a two story public building or facility has one story with an occupant load of five or fewer persons that does not contain public use space, that story shall not be required to be connected to the story above or below.

3. In detention and correctional facilities, an accessible route shall not be required to connect stories where cells with mobility features required to comply with 807.2, all common use areas serving cells with mobility features required to comply with 807.2, and all public use areas are on an accessible route.

4. In residential facilities, an accessible route shall not be required to connect stories where residential dwelling units with mobility features required to comply with 809.2 through 809.4, all common use areas serving residential dwelling units with mobility features required to comply with 809.2 through 809.4, and public use areas serving residential dwelling units are on an accessible route.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.2 Where Required

206.2.3 Multi-Story Buildings and Facilities

5. Within multi-story transient lodging guest rooms with mobility features required to comply with 806.2, an accessible route shall not be required to connect stories provided that spaces complying with 806.2 are on an accessible route and sleeping accommodations for two persons minimum are provided on a story served by an accessible route.

6. In air traffic control towers, an accessible route shall not be required to serve the cab and the floor immediately below the cab.

7. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202.5, an accessible route shall not be required to stories located above or below the accessible story.

Advisory 206.2.3 Multi-Story Buildings and Facilities. Spaces and elements located on a level not required to be served by an accessible route must fully comply with this document. While a mezzanine may be a change in level, it is not a story. If an accessible route is required to connect stories within a building or facility, the accessible route must serve all mezzanines.

Advisory 206.2.3 Multi-Story Buildings and Facilities Exception 4. Where common use areas are provided for the use of residents, it is presumed that all such common use areas "serve" accessible dwelling units unless use is restricted to residents occupying certain dwelling units. For example, if all residents are permitted to use all laundry rooms, then all laundry rooms "serve" accessible dwelling units. However, if the laundry room on the first floor is restricted to use by residents on the first floor, and the second floor laundry room is for use by occupants of the second floor, then first floor accessible units are "served" only by laundry rooms on the first floor. In this example, an accessible route is not required to the second floor provided that all accessible units and all common use areas serving them are on the first floor.

206.2.3.1 Stairs and Escalators in Existing Buildings. In alterations and additions, where an escalator or stair is provided where none existed previously and major structural modifications are necessary for the installation, an accessible route shall be provided between the levels served by the escalator or stair unless exempted by 206.2.3 Exceptions 1 through 7.


2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.2 Where Required

206.2.4 Spaces and Elements. At least one accessible route shall connect accessible building or facility entrances with all accessible spaces and elements within the building or facility which are otherwise connected by a circulation path unless exempted by 206.2.3 Exceptions 1 through 7.

EXCEPTIONS:

1. Raised courtroom stations, including judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, and court reporters' stations shall not be required to provide vertical access provided that the required clear floor space, maneuvering space, and, if appropriate, electrical service are installed at the time of initial construction to allow future installation of a means of vertical access complying with 405, 407, 408, or 410 without requiring substantial reconstruction of the space.

2. In assembly areas with fixed seating required to comply with 221, an accessible route shall not be required to serve fixed seating where wheelchair spaces required to be on an accessible route are not provided.

3. Accessible routes shall not be required to connect mezzanines where buildings or facilities have no more than one story. In addition, accessible routes shall not be required to connect stories or mezzanines where multi-story buildings or facilities are exempted by 206.2.3 Exceptions 1 through 7.

Advisory 206.2.4 Spaces and Elements. Accessible routes must connect all spaces and elements required to be accessible including, but not limited to, raised areas and speaker platforms.

Advisory 206.2.4 Spaces and Elements Exception 1. The exception does not apply to areas that are likely to be used by members of the public who are not employees of the court such as jury areas, attorney areas, or witness stands.

206.2.5 Restaurants and Cafeterias. In restaurants and cafeterias, an accessible route shall be provided to all dining areas, including raised or sunken dining areas, and outdoor dining areas.

EXCEPTIONS:

1. In buildings or facilities not required to provide an accessible route between stories, an accessible route shall not be required to a mezzanine dining area where the mezzanine contains less than 25 percent of the total combined area for seating and dining and where the same decor and services are provided in the accessible area.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.2 Where Required

206.2.5 Restaurants and Cafeterias

EXCEPTIONS:

2. In alterations, an accessible route shall not be required to existing raised or sunken dining areas, or to all parts of existing outdoor dining areas where the same services and decor are provided in an accessible space usable by the public and not restricted to use by people with disabilities.

3. In sports facilities, tiered dining areas providing seating required to comply with 221 shall be required to have accessible routes serving at least 25 percent of the dining area provided that accessible routes serve seating complying with 221 and each tier is provided with the same services.

Advisory 206.2.5 Restaurants and Cafeterias Exception 2. Examples of "same services" include, but are not limited to, bar service, rooms having smoking and non-smoking sections, lotto and other table games, carry-out, and buffet service. Examples of "same decor" include, but are not limited to, seating at or near windows and railings with views, areas designed with a certain theme, party and banquet rooms, and rooms where entertainment is provided.

206.2.6 Performance Areas. Where a circulation path directly connects a performance area to an assembly seating area, an accessible route shall directly connect the assembly seating area with the performance area. An accessible route shall be provided from performance areas to ancillary areas or facilities used by performers unless exempted by 206.2.3 Exceptions 1 through 7.

206.2.7 Press Boxes. Press boxes in assembly areas shall be on an accessible route.

EXCEPTIONS:

1. An accessible route shall not be required to press boxes in bleachers that have points of entry at only one level provided that the aggregate area of all press boxes is 500 square feet (46 m2) maximum.

2. An accessible route shall not be required to free-standing press boxes that are elevated above grade 12 feet (3660 mm) minimum provided that the aggregate area of all press boxes is 500 square feet (46 m2) maximum.

Advisory 206.2.7 Press Boxes Exception 2. Where a facility contains multiple assembly areas, the aggregate area of the press boxes in each assembly area is to be calculated separately. For example, if a university has a soccer stadium with three press boxes elevated 12 feet (3660 mm) or more above grade and each press box is 150 square feet (14 m2), then the aggregate area of the soccer stadium press boxes is less than 500 square feet (46 m2) and Exception 2 applies to the soccer stadium. If that same university also has a football stadium with two press boxes elevated 12 feet (3660 mm) or more above grade and one press box is 250 square feet (23 m2), and the second is 275 square feet (26 m2), then the aggregate area of the football stadium press boxes is more than 500 square feet (46 m2) and Exception 2 does not apply to the football stadium.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.2 Where Required

206.2.8 Employee Work Areas. Common use circulation paths within employee work areas shall comply with 402.

EXCEPTIONS:

1. Common use circulation paths located within employee work areas that are less than 1000 square feet (93 m2) and defined by permanently installed partitions, counters, casework, or furnishings shall not be required to comply with 402.

2. Common use circulation paths located within employee work areas that are an integral component of work area equipment shall not be required to comply with 402.

3. Common use circulation paths located within exterior employee work areas that are fully exposed to the weather shall not be required to comply with 402.

Advisory 206.2.8 Employee Work Areas Exception 1. Modular furniture that is not permanently installed is not directly subject to these requirements. The Department of Justice ADA regulations provide additional guidance regarding the relationship between these requirements and elements that are not part of the built environment. Additionally, the Equal Employment Opportunity Commission (EEOC) implements title I of the ADA which requires non-discrimination in the workplace. EEOC can provide guidance regarding employers' obligations to provide reasonable accommodations for employees with disabilities.

Advisory 206.2.8 Employee Work Areas Exception 2. Large pieces of equipment, such as electric turbines or water pumping apparatus, may have stairs and elevated walkways used for overseeing or monitoring purposes which are physically part of the turbine or pump. However, passenger elevators used for vertical transportation between stories are not considered "work area equipment" as defined in Section 106.5.

206.2.9 Amusement Rides. Amusement rides required to comply with 234 shall provide accessible routes in accordance with 206.2.9. Accessible routes serving amusement rides shall comply with Chapter 4 except as modified by 1002.2.

206.2.9.1 Load and Unload Areas. Load and unload areas shall be on an accessible route. Where load and unload areas have more than one loading or unloading position, at least one loading and unloading position shall be on an accessible route.

206.2.9.2 Wheelchair Spaces, Ride Seats Designed for Transfer, and Transfer Devices. When amusement rides are in the load and unload position, wheelchair spaces complying with 1002.4, amusement ride seats designed for transfer complying with 1002.5, and transfer devices complying with 1002.6 shall be on an accessible route.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.2 Where Required

206.2.10 Recreational Boating Facilities. Boat slips required to comply with 235.2 and boarding piers at boat launch ramps required to comply with 235.3 shall be on an accessible route. Accessible routes serving recreational boating facilities shall comply with Chapter 4, except as modified by 1003.2.

206.2.11 Bowling Lanes. Where bowling lanes are provided, at least 5 percent, but no fewer than one of each type of bowling lane, shall be on an accessible route.

206.2.12 Court Sports. In court sports, at least one accessible route shall directly connect both sides of the court.

206.2.13 Exercise Machines and Equipment. Exercise machines and equipment required to comply with 236 shall be on an accessible route.

206.2.14 Fishing Piers and Platforms. Fishing piers and platforms shall be on an accessible route. Accessible routes serving fishing piers and platforms shall comply with Chapter 4 except as modified by 1005.1.

206.2.15 Golf Facilities. At least one accessible route shall connect accessible elements and spaces within the boundary of the golf course. In addition, accessible routes serving golf car rental areas; bag drop areas; course weather shelters complying with 238.2.3; course toilet rooms; and practice putting greens, practice teeing grounds, and teeing stations at driving ranges complying with 238.3 shall comply with Chapter 4 except as modified by 1006.2.

EXCEPTION: Golf car passages complying with 1006.3 shall be permitted to be used for all or part of accessible routes required by 206.2.15.

206.2.16 Miniature Golf Facilities. Holes required to comply with 239.2, including the start of play, shall be on an accessible route. Accessible routes serving miniature golf facilities shall comply with Chapter 4 except as modified by 1007.2.

206.2.17 Play Areas. Play areas shall provide accessible routes in accordance with 206.2.17. Accessible routes serving play areas shall comply with Chapter 4 except as modified by 1008.2.

206.2.17.1 Ground Level and Elevated Play Components. At least one accessible route shall be provided within the play area. The accessible route shall connect ground level play components required to comply with 240.2.1 and elevated play components required to comply with 240.2.2, including entry and exit points of the play components.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.2 Where Required

206.2.17.2 Soft Contained Play Structures. Where three or fewer entry points are provided for soft contained play structures, at least one entry point shall be on an accessible route. Where four or more entry points are provided for soft contained play structures, at least two entry points shall be on an accessible route.

206.3 Location. Accessible routes shall coincide with or be located in the same area as general circulation paths. Where circulation paths are interior, required accessible routes shall also be interior.

Advisory 206.3 Location. The accessible route must be in the same area as the general circulation path. This means that circulation paths, such as vehicular ways designed for pedestrian traffic, walks, and unpaved paths that are designed to be routinely used by pedestrians must be accessible or have an accessible route nearby. Additionally, accessible vertical interior circulation must be in the same area as stairs and escalators, not isolated in the back of the facility.

206.4 Entrances. Entrances shall be provided in accordance with 206.4. Entrance doors, doorways, and gates shall comply with 404 and shall be on an accessible route complying with 402.

EXCEPTIONS:

1. Where an alteration includes alterations to an entrance, and the building or facility has another entrance complying with 404 that is on an accessible route, the altered entrance shall not be required to comply with 206.4 unless required by 202.4.

2. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202.5, no more than one public entrance shall be required to comply with 206.4. Where no public entrance can comply with 206.4 under criteria established in 202.5 Exception, then either an unlocked entrance not used by the public shall comply with 206.4; or a locked entrance complying with 206.4 with a notification system or remote monitoring shall be provided.

206.4.1 Public Entrances. In addition to entrances required by 206.4.2 through 206.4.9, at least 60 percent of all public entrances shall comply with 404.

206.4.2 Parking Structure Entrances. Where direct access is provided for pedestrians from a parking structure to a building or facility entrance, each direct access to the building or facility entrance shall comply with 404.

206.4.3 Entrances from Tunnels or Elevated Walkways. Where direct access is provided for pedestrians from a pedestrian tunnel or elevated walkway to a building or facility, at least one direct entrance to the building or facility from each tunnel or walkway shall comply with 404.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.4 Entrances.

206.4.4 Transportation Facilities. In addition to the requirements of 206.4.2, 206.4.3, and 206.4.5 through 206.4.9, transportation facilities shall provide entrances in accordance with 206.4.4.

206.4.4.1 Location. In transportation facilities, where different entrances serve different transportation fixed routes or groups of fixed routes, at least one public entrance serving each fixed route or group of fixed routes shall comply with 404.

EXCEPTION: Entrances to key stations and existing intercity rail stations retrofitted in accordance with 49 CFR 37.49 or 49 CFR 37.51 shall not be required to comply with 206.4.4.1.

206.4.4.2 Direct Connections. Direct connections to other facilities shall provide an accessible route complying with 404 from the point of connection to boarding platforms and all transportation system elements required to be accessible. Any elements provided to facilitate future direct connections shall be on an accessible route connecting boarding platforms and all transportation system elements required to be accessible.

EXCEPTION: In key stations and existing intercity rail stations, existing direct connections shall not be required to comply with 404.

206.4.4.3 Key Stations and Intercity Rail Stations. Key stations and existing intercity rail stations required by Subpart C of 49 CFR part 37 to be altered, shall have at least one entrance complying with 404.

206.4.5 Tenant Spaces. At least one accessible entrance to each tenancy in a facility shall comply with 404.

EXCEPTION: Self-service storage facilities not required to comply with 225.3 shall not be required to be on an accessible route.

206.4.6 Residential Dwelling Unit Primary Entrance. In residential dwelling units, at least one primary entrance shall comply with 404. The primary entrance to a residential dwelling unit shall not be to a bedroom.

206.4.7 Restricted Entrances. Where restricted entrances are provided to a building or facility, at least one restricted entrance to the building or facility shall comply with 404.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.4 Entrances.

206.4.8 Service Entrances. If a service entrance is the only entrance to a building or to a tenancy in a facility, that entrance shall comply with 404.

206.4.9 Entrances for Inmates or Detainees. Where entrances used only by inmates or detainees and security personnel are provided at judicial facilities, detention facilities, or correctional facilities, at least one such entrance shall comply with 404.

206.5 Doors, Doorways, and Gates. Doors, doorways, and gates providing user passage shall be provided in accordance with 206.5.

206.5.1 Entrances. Each entrance to a building or facility required to comply with 206.4 shall have at least one door, doorway, or gate complying with 404.

206.5.2 Rooms and Spaces. Within a building or facility, at least one door, doorway, or gate serving each room or space complying with these requirements shall comply with 404.

206.5.3 Transient Lodging Facilities. In transient lodging facilities, entrances, doors, and doorways providing user passage into and within guest rooms that are not required to provide mobility features complying with 806.2 shall comply with 404.2.3.

EXCEPTION: Shower and sauna doors in guest rooms that are not required to provide mobility features complying with 806.2 shall not be required to comply with 404.2.3.

206.5.4 Residential Dwelling Units. In residential dwelling units required to provide mobility features complying with 809.2 through 809.4, all doors and doorways providing user passage shall comply with 404.

206.6 Elevators. Elevators provided for passengers shall comply with 407. Where multiple elevators are provided, each elevator shall comply with 407.

EXCEPTIONS:

1. In a building or facility permitted to use the exceptions to 206.2.3 or permitted by 206.7 to use a platform lift, elevators complying with 408 shall be permitted.

2. Elevators complying with 408 or 409 shall be permitted in multi-story residential dwelling units.

206.6.1 Existing Elevators. Where elements of existing elevators are altered, the same element shall also be altered in all elevators that are programmed to respond to the same hall call control as the altered elevator and shall comply with the requirements of 407 for the altered element.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

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206 Accessible Routes

206.7 Platform Lifts. Platform lifts shall comply with 410. Platform lifts shall be permitted as a component of an accessible route in new construction in accordance with 206.7. Platform lifts shall be permitted as a component of an accessible route in an existing building or facility.

206.7.1 Performance Areas and Speakers' Platforms. Platform lifts shall be permitted to provide accessible routes to performance areas and speakers' platforms.

206.7.2 Wheelchair Spaces. Platform lifts shall be permitted to provide an accessible route to comply with the wheelchair space dispersion and line-of-sight requirements of 221 and 802.

206.7.3 Incidental Spaces. Platform lifts shall be permitted to provide an accessible route to incidental spaces which are not public use spaces and which are occupied by five persons maximum.

206.7.4 Judicial Spaces. Platform lifts shall be permitted to provide an accessible route to: jury boxes and witness stands; raised courtroom stations including, judges' benches, clerks' stations, bailiffs' stations, deputy clerks' stations, and court reporters' stations; and to depressed areas such as the well of a court.

206.7.5 Existing Site Constraints. Platform lifts shall be permitted where existing exterior site constraints make use of a ramp or elevator infeasible.

Advisory 206.7.5 Existing Site Constraints. This exception applies where topography or other similar existing site constraints necessitate the use of a platform lift as the only feasible alternative. While the site constraint must reflect exterior conditions, the lift can be installed in the interior of a building. For example, a new building constructed between and connected to two existing buildings may have insufficient space to coordinate floor levels and also to provide ramped entry from the public way. In this example, an exterior or interior platform lift could be used to provide an accessible entrance or to coordinate one or more interior floor levels.

206.7.6 Guest Rooms and Residential Dwelling Units. Platform lifts shall be permitted to connect levels within transient lodging guest rooms required to provide mobility features complying with 806.2 or residential dwelling units required to provide mobility features complying with 809.2 through 809.4.

206.7.7 Amusement Rides. Platform lifts shall be permitted to provide accessible routes to load and unload areas serving amusement rides.

206.7.8 Play Areas. Platform lifts shall be permitted to provide accessible routes to play components or soft contained play structures.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

206 Accessible Routes

206.7 Platform Lifts

206.7.9 Team or Player Seating. Platform lifts shall be permitted to provide accessible routes to team or player seating areas serving areas of sport activity.

Advisory 206.7.9 Team or Player Seating. While the use of platform lifts is allowed, ramps are recommended to provide access to player seating areas serving an area of sport activity.

206.7.10 Recreational Boating Facilities and Fishing Piers and Platforms. Platform lifts shall be permitted to be used instead of gangways that are part of accessible routes serving recreational boating facilities and fishing piers and platforms.

206.8 Security Barriers. Security barriers, including but not limited to, security bollards and security check points, shall not obstruct a required accessible route or accessible means of egress.

EXCEPTION: Where security barriers incorporate elements that cannot comply with these requirements such as certain metal detectors, fluoroscopes, or other similar devices, the accessible route shall be permitted to be located adjacent to security screening devices. The accessible route shall permit persons with disabilities passing around security barriers to maintain visual contact with their personal items to the same extent provided others passing through the security barrier.

207 Accessible Means of Egress

207.1 General. Means of egress shall comply with section 1003.2.13 of the International Building Code (2000 edition and 2001 Supplement) or section 1007 of the International Building Code (2003 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1).

EXCEPTIONS:

1. Where means of egress are permitted by local building or life safety codes to share a common path of egress travel, accessible means of egress shall be permitted to share a common path of egress travel.

2. Areas of refuge shall not be required in detention and correctional facilities.

207.2 Platform Lifts. Standby power shall be provided for platform lifts permitted by section 1003.2.13.4 of the International Building Code (2000 edition and 2001 Supplement) or section 1007.5 of the International Building Code (2003 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1) to serve as a part of an accessible means of egress.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

208 Parking Spaces

208.1 General. Where parking spaces are provided, parking spaces shall be provided in accordance with 208.

EXCEPTION: Parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles, or vehicular impound shall not be required to comply with 208 provided that lots accessed by the public are provided with a passenger loading zone complying with 503.

208.2 Minimum Number. Parking spaces complying with 502 shall be provided in accordance with Table 208.2 except as required by 208.2.1, 208.2.2, and 208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility.

Table 208.2 Parking Spaces

Total Number of Parking Spaces
Provided in Parking Facility

Minimum Number of Required
Accessible Parking Spaces

1 to 25

1

26 to 50

2

51 to 75

3

76 to 100

4

101 to 150

5

151 to 200

6

201 to 300

7

301 to 400

8

401 to 500

9

501 to 1000

2 percent of total

1001 and over

20, plus 1 for each 100, or fraction thereof,

over 1000

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

208 Parking Spaces

208.2 Minimum Number. 

Advisory 208.2 Minimum Number. The term "parking facility" is used Section 208.2 instead of the term "parking lot" so that it is clear that both parking lots and parking structures are required to comply with this section. The number of parking spaces required to be accessible is to be calculated separately for each parking facility; the required number is not to be based on the total number of parking spaces provided in all of the parking facilities provided on the site.

208.2.1 Hospital Outpatient Facilities. Ten percent of patient and visitor parking spaces provided to serve hospital outpatient facilities shall comply with 502.

Advisory 208.2.1 Hospital Outpatient Facilities. The term "outpatient facility" is not defined in this document but is intended to cover facilities or units that are located in hospitals and that provide regular and continuing medical treatment without an overnight stay. Doctors' offices, independent clinics, or other facilities not located in hospitals are not considered hospital outpatient facilities for purposes of this document.

208.2.2 Rehabilitation Facilities and Outpatient Physical Therapy Facilities. Twenty percent of patient and visitor parking spaces provided to serve rehabilitation facilities specializing in treating conditions that affect mobility and outpatient physical therapy facilities shall comply with 502.

Advisory 208.2.2 Rehabilitation Facilities and Outpatient Physical Therapy Facilities. Conditions that affect mobility include conditions requiring the use or assistance of a brace, cane, crutch, prosthetic device, wheelchair, or powered mobility aid; arthritic, neurological, or orthopedic conditions that severely limit one's ability to walk; respiratory diseases and other conditions which may require the use of portable oxygen; and cardiac conditions that impose significant functional limitations.

208.2.3 Residential Facilities. Parking spaces provided to serve residential facilities shall comply with 208.2.3.

208.2.3.1 Parking for Residents. Where at least one parking space is provided for each residential dwelling unit, at least one parking space complying with 502 shall be provided for each residential dwelling unit required to provide mobility features complying with 809.2 through 809.4.

208.2.3.2 Additional Parking Spaces for Residents. Where the total number of parking spaces provided for each residential dwelling unit exceeds one parking space per residential dwelling unit, 2 percent, but no fewer than one space, of all the parking spaces not covered by 208.2.3.1 shall comply with 502.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

208 Parking Spaces

208.2 Minimum Number. 

208.2.3.3 Parking for Guests, Employees, and Other Non-Residents. Where parking spaces are provided for persons other than residents, parking shall be provided in accordance with Table 208.2.

208.2.4 Van Parking Spaces. For every six or fraction of six parking spaces required by 208.2 to comply with 502, at least one shall be a van parking space complying with 502.

208.3 Location. Parking facilities shall comply with 208.3

208.3.1 General. Parking spaces complying with 502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with 206.4. Where parking serves more than one accessible entrance, parking spaces complying with 502 shall be dispersed and located on the shortest accessible route to the accessible entrances. In parking facilities that do not serve a particular building or facility, parking spaces complying with 502 shall be located on the shortest accessible route to an accessible pedestrian entrance of the parking facility.

EXCEPTIONS:

1. All van parking spaces shall be permitted to be grouped on one level within a multi-story parking facility.

2. Parking spaces shall be permitted to be located in different parking facilities if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance or entrances, parking fee, and user convenience.

Advisory 208.3.1 General Exception 2. Factors that could affect "user convenience" include, but are not limited to, protection from the weather, security, lighting, and comparative maintenance of the alternative parking site.

208.3.2 Residential Facilities. In residential facilities containing residential dwelling units required to provide mobility features complying with 809.2 through 809.4, parking spaces provided in accordance with 208.2.3.1 shall be located on the shortest accessible route to the residential dwelling unit entrance they serve. Spaces provided in accordance with 208.2.3.2 shall be dispersed throughout all types of parking provided for the residential dwelling units.

EXCEPTION: Parking spaces provided in accordance with 208.2.3.2 shall not be required to be dispersed throughout all types of parking if substantially equivalent or greater accessibility is provided in terms of distance from an accessible entrance, parking fee, and user convenience.

Advisory 208.3.2 Residential Facilities Exception. Factors that could affect "user convenience" include, but are not limited to, protection from the weather, security, lighting, and comparative maintenance of the alternative parking site.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

209 Passenger Loading Zones and Bus Stops

209.1 General. Passenger loading zones shall be provided in accordance with 209.

209.2 Type. Where provided, passenger loading zones shall comply with 209.2.

209.2.1 Passenger Loading Zones. Passenger loading zones, except those required to comply with 209.2.2 and 209.2.3, shall provide at least one passenger loading zone complying with 503 in every continuous 100 linear feet (30 m) of loading zone space, or fraction thereof.

209.2.2 Bus Loading Zones. In bus loading zones restricted to use by designated or specified public transportation vehicles, each bus bay, bus stop, or other area designated for lift or ramp deployment shall comply with 810.2.

Advisory 209.2.2 Bus Loading Zones. The terms "designated public transportation" and "specified public transportation" are defined by the Department of Transportation at 49 CFR 37.3 in regulations implementing the Americans with Disabilities Act. These terms refer to public transportation services provided by public or private entities, respectively. For example, designated public transportation vehicles include buses and vans operated by public transit agencies, while specified public transportation vehicles include tour and charter buses, taxis and limousines, and hotel shuttles operated by private entities.

209.2.3 On-Street Bus Stops. On-street bus stops shall comply with 810.2 to the maximum extent practicable.

209.3 Medical Care and Long-Term Care Facilities. At least one passenger loading zone complying with 503 shall be provided at an accessible entrance to licensed medical care and licensed long-term care facilities where the period of stay exceeds twenty-four hours.

209.4 Valet Parking. Parking facilities that provide valet parking services shall provide at least one passenger loading zone complying with 503.

209.5 Mechanical Access Parking Garages. Mechanical access parking garages shall provide at least one passenger loading zone complying with 503 at vehicle drop-off and vehicle pick-up areas.

210 Stairways

210.1 General. Interior and exterior stairs that are part of a means of egress shall comply with 504.

EXCEPTIONS:

1. In detention and correctional facilities, stairs that are not located in public use areas shall not be required to comply with 504.

2. In alterations, stairs between levels that are connected by an accessible route shall not be required to comply with 504, except that handrails complying with 505 shall be provided when the stairs are altered.

3. In assembly areas, aisle stairs shall not be required to comply with 504.

4. Stairs that connect play components shall not be required to comply with 504.

Advisory 210.1 General. Although these requirements do not mandate handrails on stairs that are not part of a means of egress, State or local building codes may require handrails or guards.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

211 Drinking Fountains

211.1 General. Where drinking fountains are provided on an exterior site, on a floor, or within a secured area they shall be provided in accordance with 211.

EXCEPTION: In detention or correctional facilities, drinking fountains only serving holding or housing cells not required to comply with 232 shall not be required to comply with 211.

211.2 Minimum Number. No fewer than two drinking fountains shall be provided. One drinking fountain shall comply with 602.1 through 602.6 and one drinking fountain shall comply with 602.7.

EXCEPTION: Where a single drinking fountain complies with 602.1 through 602.6 and 602.7, it shall be permitted to be substituted for two separate drinking fountains.

211.3 More Than Minimum Number. Where more than the minimum number of drinking fountains specified in 211.2 are provided, 50 percent of the total number of drinking fountains provided shall comply with 602.1 through 602.6, and 50 percent of the total number of drinking fountains provided shall comply with 602.7.

EXCEPTION: Where 50 percent of the drinking fountains yields a fraction, 50 percent shall be permitted to be rounded up or down provided that the total number of drinking fountains complying with 211 equals 100 percent of drinking fountains.

212 Kitchens, Kitchenettes, and Sinks

212.1 General. Where provided, kitchens, kitchenettes, and sinks shall comply with 212.

212.2 Kitchens and Kitchenettes. Kitchens and kitchenettes shall comply with 804.

212.3 Sinks. Where sinks are provided, at least 5 percent, but no fewer than one, of each type provided in each accessible room or space shall comply with 606.

EXCEPTION: Mop or service sinks shall not be required to comply with 212.3.

213 Toilet Facilities and Bathing Facilities

213.1 General. Where toilet facilities and bathing facilities are provided, they shall comply with 213. Where toilet facilities and bathing facilities are provided in facilities permitted by 206.2.3 Exceptions 1 and 2 not to connect stories by an accessible route, toilet facilities and bathing facilities shall be provided on a story connected by an accessible route to an accessible entrance.

213.2 Toilet Rooms and Bathing Rooms. Where toilet rooms are provided, each toilet room shall comply with 603. Where bathing rooms are provided, each bathing room shall comply with 603.

 

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

213 Toilet Facilities and Bathing Facilities

213.2 Toilet Rooms and Bathing Rooms. 

EXCEPTIONS:

1. In alterations where it is technically infeasible to comply with 603, altering existing toilet or bathing rooms shall not be required where a single unisex toilet room or bathing room complying with 213.2.1 is provided and located in the same area and on the same floor as existing inaccessible toilet or bathing rooms.

2. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202.5, no fewer than one toilet room for each sex complying with 603 or one unisex toilet room complying with 213.2.1 shall be provided.

3. Where multiple single user portable toilet or bathing units are clustered at a single location, no more than 5 percent of the toilet units and bathing units at each cluster shall be required to comply with 603. Portable toilet units and bathing units complying with 603 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1.

4. Where multiple single user toilet rooms are clustered at a single location, no more than 50 percent of the single user toilet rooms for each use at each cluster shall be required to comply with 603.

Advisory 213.2 Toilet Rooms and Bathing Rooms. These requirements allow the use of unisex (or single-user) toilet rooms in alterations when technical infeasibility can be demonstrated. Unisex toilet rooms benefit people who use opposite sex personal care assistants. For this reason, it is advantageous to install unisex toilet rooms in addition to accessible single-sex toilet rooms in new facilities.

Advisory 213.2 Toilet Rooms and Bathing Rooms Exceptions 3 and 4. A "cluster" is a group of toilet rooms proximate to one another. Generally, toilet rooms in a cluster are within sight of, or adjacent to, one another.

213.2.1 Unisex (Single-Use or Family) Toilet and Unisex Bathing Rooms. Unisex toilet rooms shall contain not more than one lavatory, and two water closets without urinals or one water closet and one urinal. Unisex bathing rooms shall contain one shower or one shower and one bathtub, one lavatory, and one water closet. Doors to unisex toilet rooms and unisex bathing rooms shall have privacy latches.

213.3 Plumbing Fixtures and Accessories. Plumbing fixtures and accessories provided in a toilet room or bathing room required to comply with 213.2 shall comply with 213.3.

213.3.1 Toilet Compartments. Where toilet compartments are provided, at least one toilet compartment shall comply with 604.8.1. In addition to the compartment required to comply with 604.8.1, at least one compartment shall comply with 604.8.2 where six or more toilet compartments are provided, or where the combination of urinals and water closets totals six or more fixtures.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

213 Toilet Facilities and Bathing Facilities

213.3 Plumbing Fixtures and Accessories

Advisory 213.3.1 Toilet Compartments. A toilet compartment is a partitioned space that is located within a toilet room, and that normally contains no more than one water closet. A toilet compartment may also contain a lavatory. A lavatory is a sink provided for hand washing. Full-height partitions and door assemblies can comprise toilet compartments where the minimum required spaces are provided within the compartment.

213.3.2 Water Closets. Where water closets are provided, at least one shall comply with 604.

213.3.3 Urinals. Where more than one urinal is provided, at least one shall comply with 605.

213.3.4 Lavatories. Where lavatories are provided, at least one shall comply with 606 and shall not be located in a toilet compartment.

213.3.5 Mirrors. Where mirrors are provided, at least one shall comply with 603.3.

213.3.6 Bathing Facilities. Where bathtubs or showers are provided, at least one bathtub complying with 607 or at least one shower complying with 608 shall be provided.

213.3.7 Coat Hooks and Shelves. Where coat hooks or shelves are provided in toilet rooms without toilet compartments, at least one of each type shall comply with 603.4. Where coat hooks or shelves are provided in toilet compartments, at least one of each type complying with 604.8.3 shall be provided in toilet compartments required to comply with 213.3.1. Where coat hooks or shelves are provided in bathing facilities, at least one of each type complying with 603.4 shall serve fixtures required to comply with 213.3.6.

214 Washing Machines and Clothes Dryers

214.1 General. Where provided, washing machines and clothes dryers shall comply with 214.

214.2 Washing Machines. Where three or fewer washing machines are provided, at least one shall comply with 611. Where more than three washing machines are provided, at least two shall comply with 611.

214.3 Clothes Dryers. Where three or fewer clothes dryers are provided, at least one shall comply with 611. Where more than three clothes dryers are provided, at least two shall comply with 611.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

215 Fire Alarm Systems

215.1 General. Where fire alarm systems provide audible alarm coverage, alarms shall comply with 215.

EXCEPTION: In existing facilities, visible alarms shall not be required except where an existing fire alarm system is upgraded or replaced, or a new fire alarm system is installed.

Advisory 215.1 General. Unlike audible alarms, visible alarms must be located within the space they serve so that the signal is visible. Facility alarm systems (other than fire alarm systems) such as those used for tornado warnings and other emergencies are not required to comply with the technical criteria for alarms in Section 702. Every effort should be made to ensure that such alarms can be differentiated in their signal from fire alarms systems and that people who need to be notified of emergencies are adequately safeguarded. Consult local fire departments and prepare evacuation plans taking into consideration the needs of every building occupant, including people with disabilities.

215.2 Public and Common Use Areas. Alarms in public use areas and common use areas shall comply with 702.

215.3 Employee Work Areas. Where employee work areas have audible alarm coverage, the wiring system shall be designed so that visible alarms complying with 702 can be integrated into the alarm system.

215.4 Transient Lodging. Guest rooms required to comply with 224.4 shall provide alarms complying with 702.

215.5 Residential Facilities. Where provided in residential dwelling units required to comply with 809.5, alarms shall comply with 702.

216 Signs

216.1 General. Signs shall be provided in accordance with 216 and shall comply with 703.

EXCEPTIONS:

1. Building directories, menus, seat and row designations in assembly areas, occupant names, building addresses, and company names and logos shall not be required to comply with 216.

2. In parking facilities, signs shall not be required to comply with 216.2, 216.3, and 216.6 through 216.12.

3. Temporary, 7 days or less, signs shall not be required to comply with 216.

4. In detention and correctional facilities, signs not located in public use areas shall not be required to comply with 216.

216.2 Designations. Interior and exterior signs identifying permanent rooms and spaces shall comply with 703.1, 703.2, and 703.5. Where pictograms are provided as designations of permanent interior rooms and spaces, the pictograms shall comply with 703.6 and shall have text descriptors complying with 703.2 and 703.5.

EXCEPTION: Exterior signs that are not located at the door to the space they serve shall not be required to comply with 703.2.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

216 Signs

 

Advisory 216.2 Designations. Section 216.2 applies to signs that provide designations, labels, or names for interior rooms or spaces where the sign is not likely to change over time. Examples include interior signs labeling restrooms, room and floor numbers or letters, and room names. Tactile text descriptors are required for pictograms that are provided to label or identify a permanent room or space. Pictograms that provide information about a room or space, such as "no smoking," occupant logos, and the International Symbol of Accessibility, are not required to have text descriptors.

216.3 Directional and Informational Signs. Signs that provide direction to or information about interior spaces and facilities of the site shall comply with 703.5.

Advisory 216.3 Directional and Informational Signs. Information about interior spaces and facilities includes rules of conduct, occupant load, and similar signs. Signs providing direction to rooms or spaces include those that identify egress routes.

216.4 Means of Egress. Signs for means of egress shall comply with 216.4.

216.4.1 Exit Doors. Doors at exit passageways, exit discharge, and exit stairways shall be identified by tactile signs complying with 703.1, 703.2, and 703.5.

Advisory 216.4.1 Exit Doors. An exit passageway is a horizontal exit component that is separated from the interior spaces of the building by fire-resistance-rated construction and that leads to the exit discharge or public way. The exit discharge is that portion of an egress system between the termination of an exit and a public way.

216.4.2 Areas of Refuge. Signs required by section 1003.2.13.5.4 of the International Building Code (2000 edition) or section 1007.6.4 of the International Building Code (2003 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1) to provide instructions in areas of refuge shall comply with 703.5.

216.4.3 Directional Signs. Signs required by section 1003.2.13.6 of the International Building Code (2000 edition) or section 1007.7 of the International Building Code (2003 edition) (incorporated by reference, see "Referenced Standards" in Chapter 1) to provide directions to accessible means of egress shall comply with 703.5.

216.5 Parking. Parking spaces complying with 502 shall be identified by signs complying with 502.6.

 

 

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

216 Signs

216.5 Parking

EXCEPTIONS:

1. Where a total of four or fewer parking spaces, including accessible parking spaces, are provided on a site, identification of accessible parking spaces shall not be required.

2. In residential facilities, where parking spaces are assigned to specific residential dwelling units, identification of accessible parking spaces shall not be required.

216.6 Entrances. Where not all entrances comply with 404, entrances complying with 404 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1. Directional signs complying with 703.5 that indicate the location of the nearest entrance complying with 404 shall be provided at entrances that do not comply with 404.

Advisory 216.6 Entrances. Where a directional sign is required, it should be located to minimize backtracking. In some cases, this could mean locating a sign at the beginning of a route, not just at the inaccessible entrances to a building.

216.7 Elevators. Where existing elevators do not comply with 407, elevators complying with 407 shall be clearly identified with the International Symbol of Accessibility complying with 703.7.2.1.

216.8 Toilet Rooms and Bathing Rooms. Where existing toilet rooms or bathing rooms do not comply with 603, directional signs indicating the location of the nearest toilet room or bathing room complying with 603 within the facility shall be provided. Signs shall comply with 703.5 and shall include the International Symbol of Accessibility complying with 703.7.2.1. Where existing toilet rooms or bathing rooms do not comply with 603, the toilet rooms or bathing rooms complying with 603 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1. Where clustered single user toilet rooms or bathing facilities are permitted to use exceptions to 213.2, toilet rooms or bathing facilities complying with 603 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1 unless all toilet rooms and bathing facilities comply with 603.

216.9 TTYs. Identification and directional signs for public TTYs shall be provided in accordance with 216.9.

216.9.1 Identification Signs. Public TTYs shall be identified by the International Symbol of TTY complying with 703.7.2.2.

216.9.2 Directional Signs. Directional signs indicating the location of the nearest public TTY shall be provided at all banks of public pay telephones not containing a public TTY. In addition, where signs provide direction to public pay telephones, they shall also provide direction to public TTYs. Directional signs shall comply with 703.5 and shall include the International Symbol of TTY complying with 703.7.2.2.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

216 Signs

216.10 Assistive Listening Systems. Each assembly area required by 219 to provide assistive listening systems shall provide signs informing patrons of the availability of the assistive listening system. Assistive listening signs shall comply with 703.5 and shall include the International Symbol of Access for Hearing Loss complying with 703.7.2.4.

EXCEPTION: Where ticket offices or windows are provided, signs shall not be required at each assembly area provided that signs are displayed at each ticket office or window informing patrons of the availability of assistive listening systems.

216.11 Check-Out Aisles. Where more than one check-out aisle is provided, check-out aisles complying with 904.3 shall be identified by the International Symbol of Accessibility complying with 703.7.2.1. Where check-out aisles are identified by numbers, letters, or functions, signs identifying check-out aisles complying with 904.3 shall be located in the same location as the check-out aisle identification.

EXCEPTION: Where all check-out aisles serving a single function comply with 904.3, signs complying with 703.7.2.1 shall not be required.

216.12 Amusement Rides. Signs identifying the type of access provided on amusement rides shall be provided at entries to queues and waiting lines. In addition, 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.

Advisory 216.12 Amusement Rides. Amusement rides designed primarily for children, amusement rides that are controlled or operated by the rider, and amusement rides without seats, are not required to provide wheelchair spaces, transfer seats, or transfer systems, and need not meet the sign requirements in 216.12. The load and unload areas of these rides must, however, be on an accessible route and must provide turning space.

217 Telephones

217.1 General. Where coin-operated public pay telephones, coinless public pay telephones, public closed-circuit telephones, public courtesy phones, or other types of public telephones are provided, public telephones shall be provided in accordance with 217 for each type of public telephone provided. For purposes of this section, a bank of telephones shall be considered to be two or more adjacent telephones.

Advisory 217.1 General. These requirements apply to all types of public telephones including courtesy phones at airports and rail stations that provide a free direct connection to hotels, transportation services, and tourist attractions.


2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

217 Telephones

217.2 Wheelchair Accessible Telephones. Where public telephones are provided, wheelchair accessible telephones complying with 704.2 shall be provided in accordance with Table 217.2.

EXCEPTION: Drive-up only public telephones shall not be required to comply with 217.2. 
 

Table 217.2 Wheelchair Accessible Telephones

Number of Telephones Provided
on a Floor, Level, or Exterior Site

Minimum Number of Required
Wheelchair Accessible Telephones

1 or more single units

1 per floor, level, and exterior site

1 bank

1 per floor, level, and exterior site

2 or more banks

1 per bank

 

217.3 Volume Controls. All public telephones shall have volume controls complying with 704.3.

217.4 TTYs. TTYs complying with 704.4 shall be provided in accordance with 217.4.

Advisory 217.4 TTYs. Separate requirements are provided based on the number of public pay telephones provided at a bank of telephones, within a floor, a building, or on a site. In some instances one TTY can be used to satisfy more than one of these requirements. For example, a TTY required for a bank can satisfy the requirements for a building. However, the requirement for at least one TTY on an exterior site cannot be met by installing a TTY in a bank inside a building. Consideration should be given to phone systems that can accommodate both digital and analog transmissions for compatibility with digital and analog TTYs.

217.4.1 Bank Requirement. Where four or more public pay telephones are provided at a bank of telephones, at least one public TTY complying with 704.4 shall be provided at that bank.

EXCEPTION: TTYs shall not be required at banks of telephones located within 200 feet (61 m) of, and on the same floor as, a bank containing a public TTY.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

217 Telephones

217.4 TTYs

217.4.2 Floor Requirement. TTYs in public buildings shall be provided in accordance with 217.4.2.1. TTYs in private buildings shall be provided in accordance with 217.4.2.2.

217.4.2.1 Public Buildings. Where at least one public pay telephone is provided on a floor of a public building, at least one public TTY shall be provided on that floor.

217.4.2.2 Private Buildings. Where four or more public pay telephones are provided on a floor of a private building, at least one public TTY shall be provided on that floor.

217.4.3 Building Requirement. TTYs in public buildings shall be provided in accordance with 217.4.3.1. TTYs in private buildings shall be provided in accordance with 217.4.3.2.

217.4.3.1 Public Buildings. Where at least one public pay telephone is provided in a public building, at least one public TTY shall be provided in the building. Where at least one public pay telephone is provided in a public use area of a public building, at least one public TTY shall be provided in the public building in a public use area.

217.4.3.2 Private Buildings. Where four or more public pay telephones are provided in a private building, at least one public TTY shall be provided in the building.

217.4.4 Exterior Site Requirement. Where four or more public pay telephones are provided on an exterior site, at least one public TTY shall be provided on the site.

217.4.5 Rest Stops, Emergency Roadside Stops, and Service Plazas. Where at least one public pay telephone is provided at a public rest stop, emergency roadside stop, or service plaza, at least one public TTY shall be provided.

217.4.6 Hospitals. Where at least one public pay telephone is provided serving a hospital emergency room, hospital recovery room, or hospital waiting room, at least one public TTY shall be provided at each location.

 

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

217 Telephones

217.4 TTYs

217.4.7 Transportation Facilities. In transportation facilities, in addition to the requirements of 217.4.1 through 217.4.4, where at least one public pay telephone serves a particular entrance to a bus or rail facility, at least one public TTY shall be provided to serve that entrance. In airports, in addition to the requirements of 217.4.1 through 217.4.4, where four or more public pay telephones are located in a terminal outside the security areas, a concourse within the security areas, or a baggage claim area in a terminal, at least one public TTY shall be provided in each location.

217.4.8 Detention and Correctional Facilities. In detention and correctional facilities, where at least one pay telephone is provided in a secured area used only by detainees or inmates and security personnel, at least one TTY shall be provided in at least one secured area.

217.5 Shelves for Portable TTYs. Where a bank of telephones in the interior of a building consists of three or more public pay telephones, at least one public pay telephone at the bank shall be provided with a shelf and an electrical outlet in accordance with 704.5.

EXCEPTIONS:

1. Secured areas of detention and correctional facilities where shelves and outlets are prohibited for purposes of security or safety shall not be required to comply with 217.5.

2. The shelf and electrical outlet shall not be required at a bank of telephones with a TTY.

218 Transportation Facilities

218.1 General. Transportation facilities shall comply with 218.

218.2 New and Altered Fixed Guideway Stations. New and altered stations in rapid rail, light rail, commuter rail, intercity rail, high speed rail, and other fixed guideway systems shall comply with 810.5 through 810.10.

218.3 Key Stations and Existing Intercity Rail Stations. Key stations and existing intercity rail stations shall comply with 810.5 through 810.10.

218.4 Bus Shelters. Where provided, bus shelters shall comply with 810.3.

218.5 Other Transportation Facilities. In other transportation facilities, public address systems shall comply with 810.7 and clocks shall comply with 810.8.

2010 Standards: 2004 ADAAG for Titles II and III Facilities

ADA CHAPTER 2: SCOPING REQUIREMENTS

219 Assistive Listening Systems

219.1 General. Assistive listening systems shall be provided in accordance with 219 and shall comply with 706.

219.2 Required Systems. In each assembly area where audible communication is integral to the use of the space, an assistive listening system shall be provided.

EXCEPTION: Other than in courtrooms, assistive listening systems shall not be required where audio amplification is not provided.

219.3 Receivers. Receivers complying with 706.2 shall be provided for assistive listening systems in each assembly area in accordance with Table 219.3. Twenty-five percent minimum of receivers provided, but no fewer than two, shall be hearing-aid compatible in accordance with 706.3.

EXCEPTIONS:

1. Where a building contains more than one assembly area and the assembly areas required to provide assistive listening systems are under one management, the total number of required receivers shall be permitted to be calculated according to the total number of seats in the assembly areas in the building provided that all receivers are usable with all systems.

2. Where all seats in an assembly area are served by an induction loop assistive listening system, the minimum number of receivers required by Table 219.3 to be hearing-aid compatible shall not be required to be provided. 

Table 219.3 Receivers for Assistive Listening Systems (text version)

Capacity of Seating in Assembly Area

Minimum Number ofRequired Receivers

Minimum Number of Required Receivers Required to be Hearing-aid Compatible

50 or less

2

2

51 to 200

2, plus 1 per 25 seats over 50 seats1

2

201 to 500

2, plus 1 per 25 seats over 50 seats1

1 per 4 receivers1