The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. Some parts of the ADA didn’t go into effect until after that date to give entities time to comply with the law, but those compliance deadlines have passed.

The Department of Justice (DOJ) issued newly revised ADA regulations which began taking effect in March, 2011 and impacted entities covered by Title II and Title III. March 15, 2012 marked the compliance date for provisions governing the 2010 ADA Standards for new construction, alterations, program accessibility, and barrier removal.

On or after March 15th, 2012 all newly constructed or altered facilities must comply with the requirements in the 2010 Standards. If elements in existing facilities already comply with the 1991 Standards and are not being altered, entities are not required to make changes to those elements to bring them into compliance with the 2010 Standards.

For title II entities, 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 ADA Standards.

For businesses that are covered under title III, the compliance date for the 2010 ADA 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 date 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 ADA Standards

Further information can be found in the U.S. Department of Justice publication “Effective Date – Compliance Date” at http://www.ada.gov/revised_effective_dates-2010.htm.

No, as of March 15, 2012, the applicable standards for alterations and additions are the 2010 ADA Standards for Accessible Design.   The 2010 ADA Standards can be found at: http://www.ada.gov/2010ADAstandards_index.htm.  

It is important to remember that the 1991 Standards are still relevant after March 15, 2012. Elements not altered after March 15, 2012 that comply with the requirements for those elements in the 1991 Standards, do not need to be modified, even if the new standards have different requirements for these elements.  This provision is called “Safe Harbor.”  However, if your business chooses to alter elements that were in compliance with the 1991 Standards, the safe harbor no longer applies to the altered elements which must now comply with the 2010 ADA Standards.

Effective March 15, 2012, the applicable standards for new construction and alterations for either a public entity under Title II or a place of public accommodation under Title III are the 2010 ADA Standards for Accessible Design.   The 2010 ADA Standards can be found at: http://www.ada.gov/2010ADAstandards_index.htm.