Federal Guidelines vs. Standards: Which One Do I Follow?
Guidelines
In 2004 the U.S. Access Board updated the Americans with Disabilities Act Accessibility Guidelines (2004 ADAAG) and Architectural Barriers Act Accessibility Guidelines (2004 ABAAG). 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, the guidelines are similar to a model building code in that they are not required to be followed except as adopted by an enforcing authority.
Standards
Under the ADA, the DOJ and the Department of Transportation (DOT) are responsible for enforceable standards. Several other agencies (the General Services Administration (GSA), Department of Defense (DOD), Department of Housing and Urban Development (HUD), and the U.S. Postal Service (USPS)) hold a similar responsibility for standards used to enforce the ABA.
In 2010 the DOJ adopted the 2004 ADAAG as its enforceable standards. State and local government facilities and places of public accommodation and commercial facilities are required to comply with the DOJ's standards, which are available at http://www.ada.gov/2010ADAstandards_index.htm. March 15, 2012 is the compliance date for using the DOJ's 2010 Standards for new construction, alterations, program accessibility, and barrier removal. More information about the compliance date is available at http://www.ada.gov/revised_effective_dates-2010.htm.
In 2006 DOT adopted the 2004 ADAAG as its enforceable standards. Transportation facilities, including bus stops, airports, and rail stations, are required to comply with the DOT's enforceable standards. The DOT's standards are available at http://www.access-board.gov/ada-aba/ada-standards-dot.cfm.
In 2008 DOD adopted the 2004 ABAAG as its enforceable standards. The DOD's enforceable standards apply to military facilities. The DOD's standards are available at http://www.access-board.gov/ada-aba/aba-standards-dod.cfm.
In 2005 GSA adopted the 2004 ABAAG as its enforceable standards. The GSA's enforceable standards apply to facilities designed, constructed, altered, or leased with Federal funds under the ABA except postal facilities, housing, and military facilities. The GSA's standards are available at http://www.access-board.gov/ada-aba/aba-standards-gsa.cfm.
In 2004 USPS adopted the 2004 ABAAG as its enforceable standards. The USPS's enforceable standards apply to all postal facilities. The USPS's standards are available at http://www.access-board.gov/ada-aba/aba-standards-usps.cfm.
As of April 2011, HUD's adoption of the 2004 ABAAG is pending. Until HUD updates its standards, the Uniform Federal Accessibility Standards (UFAS) is HUD's enforceable standards. Residential facilities covered by HUD are required to comply with UFAS, which is available at http://www.access-board.gov/ufas/ufas-html/ufas.htm.
For more information, feel free to contact Curtis Motoyama, Facility Access Coordinator, by email at [email protected] or by phone at (808) 586-8121.
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