News from the Center
The New ADAAG: Should We Use It Now?? No, Not Yet!
Confused? You are not alone. On July 23 the US Access Board issued updated accessibility guidelines for new or altered facilities covered by the Americans with Disabilities Act and the Architectural Barriers Act. The ADA applies to state and local governments and to the private sector. The ABA applies to federal agencies.
These new ADA guidelines will become enforceable standards when the US Department of Justice adopts them as part of their ADA regulations. The ABA guidelines will become enforceable standards when the four federal standard setting agencies adopt them. In late September the US Department of Justice issued an Advanced Notice of Proposed Rulemaking (ANPRM) to begin the process of revising the Department's ADA regulations to adopt design standards that are consistent with the revised ADA Accessibility Guidelines.
The ANPRM is the first of three steps in the regulatory process. The ANPRM will be followed by notice of proposed rulemaking and a final rule. The Department published the ANPRM to solicit public comment on several issues relating to the potential application of the revised guidelines and to obtain background information needed for the regulatory impact analysis (a report analyzing the economic costs and benefits of a regulatory action) that will accompany the proposed and final rules. Members of the public may submit comments until January 28, 2005 - electronically to www.adaanprm.org or by mail to Box 1032, Merrifield, VA 22116-1032.
Meanwhile continue to use the ADA Standards that are in the 8"x10" grey and white book "Nondiscrimination on the Basis of Disability by Public Accommodations and Commercial Facilities Revised as of July 1, 1994" (28 CFR part 36) - yes it's ten years old but it is the current legal standard. You can order them from us (no charge) or get them from the Department of Justice's website www.ada.gov.
Several architects have called and said they plan to use the ADAAG '04 instead of the current ADA Standards. Our concern is that in some places the requirements provide less or different access requirements. Here are a few examples:
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ADAAG '04 - Small parking lots of 1-4 cars will need one accessible space, but that space won't require a sign or any other designation.
Current ADA Standards requires an accessible space with appropriate above grade signage in all parking lots. -
ADAAG '04 allows the distance from the centerline of the toilet in an accessible restroom to be 16-18 inches from the wall.
Current ADA Standards requires the centerline to be at 18 inches.
When the Department of Justice issues their new regulations they will give us plenty of time from when we get building permits to when the new design standards will go into effect. It may be a bit of a messy transition period.
Meanwhile perhaps the best use of the ADAAG '04 is where the current ADA Standards don't address an issue or are confusing. The ADAAG '04 can be used for clarification.
ADA Distance Learning Opportunities
ADA Distance Learning provides continuing education on regulations and trends under the ADA. All you need is a telephone. Participate by yourself or invite colleagues to sit around a speaker phone. The toll free phone number will be sent to registrants prior to each session. Each session is real-time captioned on the host website so that people who are deaf and people who prefer to read the presentation and questions and answers can participate.
Fee: $40 businesses; $25 non-profit organizations.
Register by phone: 800-949-4232 (v/tty), fax: 617-482-8099 or email: adainfo@NewEnglandADA.org. Send name, affiliation, address, email address, phone number, which sessions and non--profit or business fee. We will send you an invoice after the teleconference has occurred.
All sessions are on Tuesdays from 2 - 3:30 pm Eastern.
We will email you the toll free call-in number a few days before each session.
November 16
Ask the Equal Employment Opportunity Commission
Speaker: Sharon Rennert, Senior Attorney, ADA Division, US Equal Employment Opportunity Commission
December 14
Emergency Preparedness for People with Disabilities: Have we made progress?
Speaker: Elizabeth Davis, Director of Emergency Preparedness Initiative, National Organization on Disability
January 18
Historical Properties: There is no such thing as a "grandfather" clause!
Speaker: James Aaron McCullough, Disability Law Project, ILRU
February 15
Ask the Department of Justice
Speaker: John Wodatch, Chief, Disability Rights Section, US Department of Justice
March 15
A Perspective on Reasonable Accommodation: Sears Corporation
Speaker: EEO Manager for Sears
April 19
Reasonable Accommodation: Best Practices for an Interactive Process
Speaker: TBA
