Pavement marking contractors and contractors involved in structural repairs to parking lots and sidewalks need to be aware of the effective date for the Americans with Disabilities Act standards. On March 15, 2012, the Department of Justice’s updated ADA Standards (2010) will become mandatory for new construction and alterations covered by the ADA. Until that date, either the 2010 standards or the original ADA standards can be followed.
In choosing which standards to follow, it is important to consider a project’s design and construction schedule. Under DOJ’s implementing regulations, the mandatory March 15 date applies to the physical start of construction/alteration or, where a building permit is required, to the date of the permit application.
Places of Public Accommodation and Commercial Facilities (Title III)
According to DOJ’s revised title III regulations, compliance with the 2010 standards is required for the construction or alteration of places of public accommodation and commercial facilities where:
- the date the last application for a building permit or permit extension is certified to be complete by a State, county, or local government is on or after March 15, 2012;
- 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) is on or after March 15, 2012; or
- the start of physical construction or alteration (if no permit is required) is on or after March 15, 2012.
State and Local Government Facilities (Title II)
For state and local government facilities covered by DOJ’s standards under title II, DOJ requires that:
- 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.
Note that public transportation facilities, including bus stops and rail stations, are subject to ADA standards issued by the Department of Transportation (DOT), not DOJ. DOT’s updated ADA standards (2006), which are very similar to DOJ’s 2010 edition, are already mandatory for public transportation facilities.
For further information on DOJ’s ADA standards, visit DOJ’s website at www.ada.gov.