These amendments cover occupancies specific to the state or local government sector. One section on judicial, legislative, and regulatory facilities addresses such elements as restricted and secured entrances, security systems, assembly seating, speakers’ platforms, and assistive listening systems. Much of this section is devoted to courthouses and covers access to courtroom spaces, such as witness stands and jury boxes, holding cells, and jury deliberation rooms. Another section covers detention and correctional facilities, such as prisons and jails. This section provides the minimum number of cells that must be accessible (2%) and provides technical criteria for accessible cells. In addition to these two new chapters, ADAAG is amended to address elevators, entrances, TTYs, sales and service counters, and airport security systems in state and local government facilities, which are referred to as "public facilities."
ADAAG and amendments to it, like most Federal regulations, are developed through a public notice and comment process. Public notice and the opportunity to comment is provided through publication in the Federal Register. Proposed amendments for state and local government facilities were developed by the Access Board and published in December 1992 and again in June 1994. Based on the comments received, the amendments were revised and published again in the Federal Register in final form.
No. Amendments for public housing and public rights-of-way that were proposed in rulemaking for state and local government facilities were not included in the final rule. In the interest of harmonizing ADAAG with the ICC-ANSI A117.1 standard, the Access Board postponed action on accessible housing pending its review of the 1998 edition of the ICC/ANSI A117.1 standard, "Accessible and Usable Buildings and Facilities." The Board resumed development of guidelines for accessible housing in its combined revision of ADAAG and of guidelines for Federally funded facilities under the Architectural Barriers Act. This proposed rule, which was published on November 16, 1999, includes new scoping and technical provisions for accessible housing that derive from requirements for "Type A" dwelling units in the new ICC/ANSI standard.
Based on the comments it received on public rights-of-way, the Board determined that it should coordinate with the transportation industry and undertake an outreach and training program before proceeding with guidelines. Under this program, the Board has developed a series of videos, an accessibility checklist, a report on pedestrian signals, and a design guide on accessible public rights-of-way. In October 1999, the Board resumed rulemaking on public rights-of-way through the creation of an advisory committee. The Public Rights-of-Way Access Advisory Committee will make recommendations on access to newly constructed and altered sidewalks, street crossings, and other related pedestrian facilities and will address various issues and design constraints specific to public rights-of-way. The Board will propose guidelines based on the committee’s recommendations.
No. The ADA design standards are developed in a two step process. They are first published by the Access Board as a minimum guideline for the Department of Justice. The Department of Justice is responsible for adopting enforceable standards that are consistent with the minimum guidelines. Currently, these final amendments to the minimum guideline are not yet part of the enforceable standard.
The Department of Justice title II regulation currently allows a choice of either ADAAG as originally published for title III facilities or an earlier standard, the Uniform Federal Accessibility Standard (UFAS). The Department of Justice has previously published a notice to adopt the amendments for state and local government facilities and to remove the current option. Until this action is finalized, the new amendments, while a helpful reference, should be used in consultation with the Department of Justice.
Additional information on these amendments is available through an on-line course.