A Guide to the New ADA-ABA Accessibility Guidelines
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On July 23, 2004, the U.S. Access Board, an independent Federal agency,
issued updated accessibility guidelines for new or altered facilities covered by
Americans with Disabilities Act and the Architectural Barriers Act. These
guidelines address a wide range of facilities in the private and public sectors.
Presented here is an overview of the new guidelines that also highlights sig-
nificant changes.The following guidelines (305 and 308) pertain to floor/
ground space and reach ranges.
When will the new guidelines take effect?
The Board’s guidelines are not mandatory on the public, but instead serve as
the baseline for enforceable standards (which are) maintained by other Federal
agencies. In this respect, they are similar to a model building code in that they
are not required to be followed except as adopted by an enforcing authority.
Under the ADA, the Department of Justice (and in the case of transit facilities,
the Department of Transportation) are responsible for enforceable standards
based on the Board’s guidelines. These agencies will update their ADA stan-
dards based on the new guidelines. In doing so, they will indicate when the new
standards are to be followed. Several other agencies (the General Services Ad-
ministration, Department of Defense, Department of Housing and Urban Devel-
opment, and the U.S. Postal Service) hold a similar responsibility for standards
used to enforce the ABA.
Existing Facilities
The ADA and ABA guidelines cover new construction and planned alterations
and generally do not apply to existing facilities except where altered. Facilities
built or altered according to earlier versions of the ADA or ABA standards will
not necessarily have to meet the updated version except where they are subse-
quently altered or renovated. The Department of Justice, which regulates re-
quirements for existing facilities under the ADA, intends to address coverage of
facilities built or altered according to the original ADA standards in its rulemaking
to update the standards. It will also address facilities retrofitted under ADA
provisions for existing facilities, such as the requirement for barrier removal in
places of public accommodation. With respect to ABA facilities, the Board has
clarified in the guidelines that facilities built to earlier ABA standards are subject
to the new requirements only in relation to planned alterations.
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