A full version of the ADA Accessibility Guidelines (otherwise known as the 2010 ADAAG) can be found here.

The ADAAG serves as the primary standard for determining violations of the ADA. The statutory language and structure of the ADA indicate that Congress intended the Department of Justice's regulations and the ADAAG to set forth standards sufficient to satisfy ADA obligations, with the Department of Justice's regulations establishing the limits of ADA liability.

Regulatory Framework

The Standards for Accessible Design lay out the technical structural requirements of places of public accommodation and are applicable during the design, construction, and alteration of buildings and facilities under the Americans with Disabilities Act. Congress provided that implementing regulations must be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board.

Maintenance Requirements

Federal regulations implementing ADA Title III require that public accommodations maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act. Whether a facility is readily accessible is defined, in part, by the ADAAG, which lays out the technical structural requirements of places of public accommodation.

Historical Development and 2010 Updates

The ADAAG has undergone multiple iterations since Congress passed the ADA in 1990. On July 26, 1991, the Access Board published its first iteration of ADAAG, and that same day, the Department of Justice adopted ADAAG in full as its own accessibility regulations. The 2010 standards represent the Department of Justice's adoption of updated guidelines that had been developed over the intervening years.

Compliance Timeline and Transition Periods

The Department of Justice's 2010 standards established a specific timetable for compliance with the newly binding 2004 ADAAG standards. The transition was structured in three phases:

1.  Pre-September 15, 2010: For new constructions or alterations commenced before September 15, 2010, public entities could choose to comply either with the original 1991 ADAAG standards or with the Uniform Federal Accessibility Standards (UFAS).

2.  September 15, 2010 to March 15, 2012: New constructions or alterations commenced during this period could comply with the 1991 ADAAG standards, with UFAS, or with the newly adopted 2004 ADAAG standards.

3.  After March 15, 2012: New constructions or alterations commenced after March 15, 2012, were required to comply with the 2004 ADAAG standards.

This phased approach provided entities with flexibility during the transition while ensuring eventual compliance with updated standards.

Technical Precision and Enforcement Standards

The ADAAG's requirements are notably precise and thorough, with the difference between compliance and noncompliance often being a matter of inches. Courts have held that obedience to the spirit of the ADA does not excuse noncompliance with the ADAAG's requirements, emphasizing the mandatory nature of these technical specifications.

Application to Design vs. Policy Decisions

The ADAAG guidelines are controlling for cases involving the design of public accommodations, such as a theater's placement of wheelchair spaces. However, in cases concerning a public accommodation's policy regarding the use of that design, such as the use and availability of companion seats, the provisions of the ADAAG are not controlling. This distinction is important for understanding the scope of ADAAG's application.

Maintenance and Ongoing Compliance

Beyond initial construction and alteration requirements, the 2010 ADAAG framework includes ongoing maintenance obligations. Public accommodations must maintain accessible routes and cannot allow them to be blocked by obstacles such as furniture, filing cabinets, or potted plants. However, temporary interruptions, such as restocking of shelves, are permitted, and isolated instances of placement of objects on accessible routes would not constitute violations if the objects are promptly removed.

Construction and Alteration Requirements

The ADAAG applies to facilities designed and constructed for first occupancy, requiring that they be readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate structural impracticability.

For alterations, the guidelines require that altered portions of facilities be made readily accessible to the maximum extent feasible, with additional requirements for alterations affecting primary function areas.

Conclusion

The 2010 ADAAG represents a comprehensive framework of technical accessibility standards that govern federal ADA compliance. These guidelines establish precise, mandatory requirements for the design, construction, alteration, and maintenance of public accommodations and facilities. The 2010 standards implemented a structured transition from earlier guidelines while maintaining the fundamental principle that technical compliance, rather than good faith efforts, determines ADA liability. Understanding these requirements is essential for entities subject to ADA obligations, as the guidelines provide both the roadmap for compliance and the standard by which violations are measured.