Regulatory Assessment of the Final Revised Accessibility Guidelines for the Americans with Disabilities Act and Architectural Barriers Act

July 2004

This assessment has been developed and reviewed in accordance with the Access Board’s information quality guidelines (www.access-board.gov/infoquality.htm).

 

CONTENTS

• EXECUTIVE SUMMARY

• CHAPTER 1: BACKGROUND

• CHAPTER 2: METHODOLOGY

• CHAPTER 3: HARMONIZATION BENEFITS

• CHAPTER 4 ALTERNATIVES THAT ELIMINATE IMPACTS ESTIMATED FOR THE PROPOSED RULE

• CHAPTER 5 REVISIONS THAT REDUCE IMPACTS

• CHAPTER 6 REVISIONS THAT HAVE MINIMAL IMPACTS

• CHAPTER 7 REVISIONS THAT HAVE MONETARY IMPACTS

• CHAPTER 8:  NATIONAL COSTS FOR OFFICE BUILDINGS, HOTELS, HOSPITALS AND NURSING HOMES, AND GOVERMENT HOUSING

• CHAPTER 9 LEASED POSTAL FACILITIES

• CHAPTER 10 SMALL ENTITIES

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EXECUTIVE SUMMARY

The Access Board prepared this assessment of the final revised accessibility guidelines for the Americans with Disabilities Act and Architectural Barriers Act pursuant to Executive Order 12866.  The Americans with Disabilities Act requires newly constructed and altered State and local government facilities, places of public accommodation, and commercial facilities to be accessible to individuals with disabilities.  The Architectural Barriers Act requires federally financed facilities to be accessible, including facilities leased by Federal agencies. 

 

The Access Board is required to establish and maintain accessibility guidelines for facilities covered by the Americans with Disabilities Act and Architectural Barriers Act.  The guidelines serve as the basis for enforceable standards issued by other agencies under the Americans with Disabilities Act and Architectural Barriers Act.  The Access Board initially issued the Minimum Guidelines and Requirements for Accessible Design (MGRAD) for the Architectural Barriers Act in 1982, and the Americans with Disabilities Act Accessibility Guidelines (ADAAG) in 1991. 

 

Since the enactment of the Americans with Disabilities Act, accessibility requirements have been increasingly incorporated in the model codes.  The Access Board worked collaboratively with the International Code Council (ICC) and the ANSI A117 Committee to harmonize the final revised guidelines with the International Building Code, which was first published in 2000, and the ICC/ANSI A117.1 Standard on Accessible and Usable Buildings and Facilities, which is referenced in the International Building Code.  The International Building Code has been adopted statewide by 28 States and by local governments in another 15 States. 

 

Harmonizing the accessibility guidelines for the Americans with Disabilities Act and Architectural Barriers Act with the International Building Code and the ICC/ANSI A117.1 standard promotes increased compliance, efficiency, and economic growth.  It is difficult and time consuming for business owners, builders, developers, and architects to deal with different accessibility requirements at the Federal, State, and local government levels.  Differing requirements can contribute to mistakes resulting in litigation and costly retrofitting of facilities after they are constructed.  The Americans with Disabilities Act authorizes the Department of Justice to certify State or local codes that meet or exceed Federal accessibility requirements.  State and local governments that adopt the International Building Code will find it easier to have their codes certified, and more State and local governments are expected to submit their codes to the Department of Justice for certification.  In jurisdictions where codes have been certified by the Department of Justice, business owners, builders, developers, and architects can rely on their State or local government building plan approval and inspection processes as a “check-point” for ensuring that their facilities comply with Federal accessibility requirements.  Potential mistakes can be corrected early in the construction process when adjustments can be made easily and inexpensively compared to costly retrofitting after a facility is constructed.  Compliance with a certified code is also evidence of compliance with Federal accessibility requirements in litigation to enforce the Americans with Disabilities Act.

 

The Access Board also revised some requirements in the current guidelines for the Americans with Disabilities Act and Architectural Barriers Act to reduce the impacts on facilities, including lowering the number of wheelchair spaces and assistive listening systems required in large sports facilities; exempting small raised press boxes in sports facilities from the accessible route requirements; exempting parking lots with a few parking spaces from signage requirements for accessible parking spaces; and reducing the number of toilet rooms required to be accessible where multiple single user toilet rooms are clustered at the same location.

 

The regulatory assessment for the proposed rule estimated that the national costs of the rule would be $87.5 million annually for newly constructed office buildings, hotels, and sports stadiums and arenas.  The Board adopted alternatives in the final revised guidelines that eliminate these costs as shown in Table ES.1.

 

Table ES.1 – Alternatives That Eliminate Costs Estimated for the Proposed Rule (text version)

 

This assessment compares the final revised guidelines to the current guidelines and the International Building Code in order to evaluate the potential impacts of the revisions.  In the absence of the final revised guidelines, newly constructed and altered facilities covered by the Americans with Disabilities Act would have to comply with ADAAG as initially issued in 1991, which has been adopted as enforceable standards by the Department of Justice and Department of Transportation.  Many newly constructed and altered facilities covered by the Architectural Barriers Act are also required to comply with ADAAG when it provides a greater level of accessibility compared to the Uniform Federal Accessibility Standards (UFAS).  Comparing the final revised guidelines to the current guidelines is the upper bound of the range of potential impacts.  The International Building Code has been adopted statewide by 28 States and by local governments in another 15 States.  In the absence of the final revised guidelines, newly constructed and altered facilities are required to comply with the International Building Code in jurisdictions that have adopted the model code.  Comparing the final revised guidelines to the International Building Code is the lower bound of the range of potential impacts, and assumes that facilities covered by the Americans with Disabilities Act and Architectural Barriers Act are also required to comply with equivalent requirements in the International Building Code.  The actual impacts will be between the lower and upper bound of the range.

 

The final revised guidelines reorganize and renumber ADAAG, and rewrite the text to be clearer and easier to understand.  Most of the scoping and technical requirements in ADAAG have not been changed.  An independent codes expert compared the final revised guidelines and ADAAG to identify revisions that add new features or space to a facility, or present design challenges compared to ADAAG.  The codes expert identified 27 revisions that are expected to have minimal impacts on the new construction and alterations of facilities, including adding scoping requirements and exceptions for  common use circulation paths in employee work areas; revising scoping requirements for public entrances; referencing the International Building Code for accessible means of egress; adding scoping requirements for dwelling units with mobility features in Federal, State, and local government housing; lowering the high side reach; and adding technical requirements for automated teller machines and fare machines.

 

The codes expert also identified 14 revisions that are expected to have monetary impacts on the new construction and alterations of facilities.  An independent cost estimator prepared cost estimates for these revisions using standard industry procedures.  The revisions that are expected to have monetary impacts on the new construction and alterations of facilities are summarized in Table ES.2. 

 

Table ES.2 - Revisions with Monetary Impacts on

New Construction and Alterations (text version)

 

Office buildings, hotels, hospitals and nursing homes, and Federal, State, and local government housing will be affected by many of the revisions in Table ES.2, and are likely to experience relatively higher costs than other facilities.  The assessment estimates the national costs of the revisions for the construction of these facilities. The national costs are summarized in Table ES.3.   

 

Table ES.3 – National Costs for Facilities Likely

to Experience Relatively Higher Costs (text version)

 

The assessment also estimates the additional costs of the revisions for individual facilities as a percentage of total construction costs as shown in Table ES.4.

 

Table ES.4 – Additional Costs for Individual Facilities (text version)

 

The final revised guidelines will affect the new construction and alterations of other types of facilities.  Industry reports estimate $152 billion of non-residential building construction projects were started in 2002; and government reports estimate $264 billion of non-residential building construction work and $6 billion of Federal, State and local government housing construction work was installed in 2002.  In order to be considered an economically significant regulatory action with an annual effect on the economy of $100 million or more, the final revised guidelines would need to have impacts ranging from 0.04 percent to 0.07 percent of industry and government construction estimates.  The final revised guidelines will have impacts within or above this range on office buildings and hotels, and it is likely that the impacts on some other facilities will be within or above this range.   Although the impacts are not significant for an individual facility, when added together across the economy the impacts can be economically significant.  Because an extremely low threshold of impacts on individual facilities can render the final revised guidelines economically significant, and because the benefits of the final revised guidelines are unquantifiable but substantial, the Board has classified the final revised guidelines as an economically significant regulatory action.

 

The final revised guidelines will also affect leased postal facilities. When the United States Postal Service enters into a new lease for a postal facility, including previously occupied space, it will have to comply with the accessibility requirements in the final revised guidelines for facilities leased by Federal agencies, including providing accessible customer service counters and van accessible parking spaces.  The United States Postal Service leases 27,000 postal facilities, and estimates that it will cost $9,234 per facility to comply with the final revised guidelines.  The United States Postal Service enters into an average of 1,661 new leases per year for postal facilities, and estimates it will cost $15.3 million annually for leased postal facilities to comply with the final revised guidelines.

 

On the basis of this assessment, the Access Board certifies that the final revised guidelines are not expected to have a significant economic impact on the new construction and alterations of facilities by a substantial number of small entities for purposes of the Regulatory Flexibility Act.  The final revised guidelines will add 0.01 to 0.5 percent to the total construction costs of facilities compared to the current guidelines; and 0.00 to 0.3 percent to the total construction costs of facilities compared to the International Building Code.  These impacts are not significant for an individual facility.

 

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CHAPTER 1:  BACKGROUND

1.0  Introduction

 

Executive Order 12866 requires Federal agencies to submit certain regulatory actions to the Office of Management and Budget for review.  The agency must provide the Office of Management and Budget the text of the regulatory action, together with an assessment of the impacts of the regulatory action.  The assessment must describe the need for the regulatory action and how the regulatory action will meet that need.  The assessment must also explain how the regulatory action is consistent with statutory mandates, promotes the President’s priorities, and avoids undue interference with State, local, and tribal governments in the exercise of their governmental functions.   The Access Board prepared this assessment of the final revised accessibility guidelines for the Americans with Disabilities Act and Architectural Barriers Act to meet the requirements of Executive Order 12866.

1.1  Statutory Authority

 

The Access Board is required by statute to establish and maintain minimum guidelines to ensure that facilities covered by the Americans with Disabilities Act and Architectural Barriers Act are accessible, in terms of architecture and design and communication, to individuals with disabilities.[1]  These guidelines serve as the basis for enforceable standards issued by other agencies under the Americans with Disabilities Act and Architectural Barriers Act.  The requirements of the Americans with Disabilities Act and Architectural Barriers Act with respect to facilities are explained below.

 

Americans with Disabilities Act

 

The Americans with Disabilities Act was enacted in 1990 based upon the Congress finding that:

 

“individuals with disabilities continually encounter various forms of discrimination, including . . . the discriminatory effects of architectural, transportation, and communication barriers.”[2] 

 

The purpose of the Americans with Disabilities Act is:

 

“to provide clear, strong, consistent, and enforceable standards addressing

discrimination against individuals with disabilities [and] to ensure that the

Federal government plays a central role in enforcing the standards.”[3] 

 

The Americans with Disabilities Act requires newly constructed State and local government facilities, places of public accommodation, and commercial facilities to be accessible to individuals with disabilities.[4]  The Americans with Disabilities Act also requires parts of existing facilities that are altered to be accessible.[5] 

 

Two agencies are responsible for issuing enforceable standards for facilities covered by the Americans with Disabilities Act. 

 

• The Department of Transportation issues enforceable standards for public transportation facilities owned or operated by State and local governments, and the National Railroad Passenger Corporation.[6] 

 

• The Department of Justice issues enforceable standards for all other types of facilities.[7]

 

Architectural Barriers Act

 

The Architectural Barriers Act was enacted in 1968 to provide individuals with disabilities access to facilities financed by the Federal government.  The Architectural Barriers Act covers facilities constructed, altered, or leased by the Federal government.[8]  The Architectural Barriers Act also covers facilities constructed or altered with a Federal grant or loan, where the law authorizing the grant or loan authorizes the administering agency to issue design or construction standards; and facilities constructed by the Washington Metropolitan Area Transit Authority.[9] 

 

Four agencies are responsible for issuing enforceable standards for facilities covered by the Architectural Barriers Act. 

 

• The Department of Housing and Urban Development issues enforceable standards for federally financed residential facilities.[10] 

• The Department of Defense issues enforceable standards for military facilities.[11] 

• The United States Postal Service issues enforceable standards for postal facilities.[12]

• The General Services Administration issues enforceable standards for all other federally financed facilities.[13]

 

1.2  Current Guidelines and Standards

 

MGRAD and UFAS

 

In 1982, the Access Board issued the Minimum Guidelines and Requirements for Accessible Design (MGRAD) to assist the Department of Housing and Urban Development, Department of Defense, United States Postal Service, and General Services Administration in establishing a consistent set of enforceable standards.[14]  These four agencies in turn issued the Uniform Federal Accessibility Standards (UFAS) in 1984 as the enforceable standards for facilities covered by the Architectural Barriers Act.[15] 

 

ADAAG

 

In 1991, the Access Board issued the Americans with Disabilities Act Accessibility Guidelines (ADAAG) to assist the Department of Justice and Department of Transportation in establishing a consistent set of enforceable standards.[16]  ADAAG is modeled on UFAS.  ADAAG includes provisions for features and facilities that are not addressed in UFAS.  For example, ADAAG has provisions for van accessible parking spaces, public TTYs, automated teller machines, and transportation facilities.  UFAS does not address these features or facilities.  The Access Board prepared a regulatory assessment for ADAAG when the guidelines were initially issued.[17]  The Department of Justice and Department of Transportation adopted ADAAG in 1991 as the enforceable standards for facilities covered by the Americans with Disabilities Act.[18]  The General Services Administration requires Federal agencies to use ADAAG for facilities covered by the Architectural Barriers Act when it provides a greater level of access compared to UFAS.[19] 
 

Children’s Facilities Guidelines

 

In 1998, the Access Board amended ADAAG by adding guidelines for children’s facilities.[20]  These guidelines add child-sized alternatives to the existing adult dimensions that can be used when designing building elements for children.  The Access Board did not prepare a regulatory assessment for the children’s facilities guidelines because they do not establish any new requirements.  The children’s facilities guidelines have not been adopted by the Department of Justice or Department of Transportation. 

 

State and Local Government Facilities Guidelines

 

In 1998, the Access Board also amended ADAAG by adding guidelines for judicial facilities, and detention and correctional facilities.[21]  These guidelines address certain areas within court rooms such as raised judges’ benches, and within jails and prisons such as the number of cells required to provide mobility features.[22]  The Access Board did not prepare a regulatory assessment for the State and local government facilities guidelines because they do not impose any significant impacts on State and local government facilities.[23]  The State and local government facilities guidelines have not been adopted by the Department of Justice or Department of Transportation. 

 

Play Areas Guidelines

 

In 2000, the Access Board amended ADAAG by adding guidelines for play areas used by children.[24]  These guidelines address access to ground level and elevated play components, and ground surfaces.  The Access Board prepared a regulatory assessment for the play areas guidelines.[25]  The play areas guidelines have not been adopted by the Department of Justice or Department of Transportation. 

 

Recreation Facilities Guidelines

 

In 2002, the Access Board amended ADAAG by adding guidelines for recreation facilities.[26]  These guidelines address access to amusement rides, boating and fishing facilities, golf courses, miniature golf courses, exercise equipment, bowling lanes, shooting facilities, and swimming pools and spas.  The Access Board prepared a regulatory assessment for the recreation facilities guidelines.[27]  The recreation facilities guidelines have not been adopted by the Department of Justice or Department of Transportation. 

 

The guidelines for play areas and recreation facilities were developed through separate rulemaking processes that involved advisory committees and regulatory negotiation, and were not part of the present rulemaking to revise the guidelines.  The guidelines for play areas and recreation facilities are incorporated in the final revised guidelines without any substantive changes.

1.3  Need to Revise Guidelines

 

Since the enactment of the Americans with Disabilities Act, accessibility requirements have been increasingly incorporated into the model codes.  State and local governments adopt the model codes to regulate building construction.  The model codes are revised every three years.  The model codes reference the ICC/ANSI A117.1 Standard on Accessible and Usable Buildings and Facilities for technical requirements.  The ICC/ANSI A117.1 standard is revised every five years.

 

Federal accessibility requirements need to keep pace with the model codes and standards as they are revised.  The Access Board has revised the guidelines for the Americans with Disabilities Act and Architectural Barriers Act to harmonize the guidelines with the model codes and standards in order to achieve greater consistency and uniformity in accessibility requirements at the Federal, State, and local government levels.  The Access Board has also revised the guidelines to ensure that Federal facilities provide the same level of accessibility as State and local government facilities, and private facilities.

1.4  Rulemaking History

 

The Access Board established the ADAAG Review Advisory Committee in 1994 to recommend revisions to the guidelines.  The advisory committee consisted of 22 organizations representing model codes and standards groups, State and local governments, the building and construction industry, and individuals with disabilities.[28]  The advisory committee issued its report, “Recommendations for a New ADAAG,” in 1996.  The Access Board used the advisory committee’s report to develop a proposed rule that was published in 1999.[29]  Public hearings were held on the proposed rule in Los Angeles and Washington, DC.  Information meetings were also held in Washington, D.C. to hear from industry and disability groups on issues regarding automated teller machines, reach ranges, and captioning equipment for movie theaters.  Throughout the rulemaking process, the Access Board worked collaboratively with the International Code Council and ANSI A117 Committee to harmonize the guidelines with the new International Building Code, which was first issued in 2000 and revised in 2003; and the ICC/ANSI A117.1 standard, which was revised in 1998 and 2003.  The Access Board released a draft of the final revised guidelines in April 2002 to further promote harmonization with the model codes and standards.[30]

1.5  Final Revised Guidelines   

 

The final revised guidelines consist of three parts which are published as separate appendices to 36 C.F.R. Part 1191.

 

• Appendix B contains ADA Chapters 1 and 2 of the guidelines, which establish application and scoping requirements for facilities covered by the Americans with Disabilities Act.  The scoping requirements specify what features of a newly constructed or altered facility must be accessible.  Where multiple features that serve the same function are provided, such as parking spaces in a garage or seats in an assembly area, the scoping requirements specify how many of the features must be accessible.

 

• Appendix C contains ABA Chapters 1 and 2 of the guidelines, which establish application and scoping requirements for facilities covered by the Architectural Barriers Act.  The scoping requirements in Appendix C are mostly the same as those in Appendix B.  A few requirements are different based on the Architectural Barriers Act.  Appendix C, for example, includes scoping requirements for facilities leased by Federal agencies.

 

• Appendix D contains Chapters 3 through 10 of the guidelines, which establish common technical requirements for facilities covered by the Americans with Disabilities Act and Architectural Barriers Act.  The technical requirements provide dimensions and specifications for making the features of a facility accessible.

 

Appendix A contains the Table of Contents, and Appendix E contains the List of Figures and Index for the final revised guidelines.

1.6  President’s Priorities

 

On July 26, 2002, President George W. Bush issued a Proclamation on the twelfth anniversary of the Americans with Disabilities Act calling the statute “one of the most compassionate and successful civil rights laws in American history.”  The President committed his Administration to implementing the Americans with Disabilities Act and “removing the barriers that prevent people with disabilities from realizing their full potential and achieving their dreams.”  The final revised guidelines will promote the President’s priorities by improving implementation of the Americans with Disabilities Act’s accessibility requirements.

1.7  Federalism

 

The Americans with Disabilities Act was enacted “to provide clear, strong, consistent, and enforceable standards addressing discrimination against individuals with disabilities [and] to ensure that the Federal Government plays a central role in enforcing the standards.”[31]  The Architectural Barriers Act was enacted to provide individuals with disabilities access to federally financed facilities.  Ensuring the civil rights of groups who have experienced discrimination has long been recognized as a national issue and a proper function of the Federal government. 

The Americans with Disabilities Act recognizes the authority of State and local governments to enact and enforce laws that “provide greater or equal protection for the rights of individuals with disabilities than are afforded by this chapter.”[32] 

 

The final revised guidelines serve as the basis for enforceable standards issued by other Federal agencies under the Americans with Disabilities Act and Architectural Barriers Act. 

The final revised guidelines adhere to the fundamental federalism principles and policy making criteria in Executive Order 13132.  The Access Board consulted with State and local governments throughout the rulemaking process.  State and local governments were represented on the ADAAG Review Advisory Committee, participated in public hearings, and submitted comments on the proposed rule.  The final revised guidelines are harmonized with model codes that are adopted by State and local governments to regulate building construction.

 

Regulations that implement statutory rights that prohibit discrimination on the basis of disability are exempt from the Unfunded Mandates Reform Act, which requires agencies to assess the effects of regulatory actions on State and local governments.[33]
 

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CHAPTER 2:  METHODOLOGY

2.0  Baseline

 

Regulatory actions are compared to a baseline to evaluate their potential impacts.  The baseline is a reasonable forecast of what would happen in the absence of the regulatory action.  As explained below, the final revised guidelines are compared to the current guidelines and the International Building Code.  In addition, the final revised guidelines concerning common use circulation paths in employee work areas, accessible means of egress, and visible alarms in hotel guest rooms with communication features are compared to the model fire and life safety codes.

 

Current Guidelines

 

 In the absence of the final revised guidelines, newly constructed and altered facilities covered by the Americans with Disabilities Act would have to comply with ADAAG as initially issued in 1991, which has been adopted as enforceable standards by the Department of Justice and Department of Transportation.[34]  Newly constructed, altered, and leased facilities covered by the Architectural Barriers Act that are subject to standards issued by the General Services Administration are also required to comply with ADAAG, where it provides a greater level of access compared to UFAS. [35] 

 

The final revised guidelines reorganize and renumber ADAAG, and rewrite the text to be clearer and easier to understand.  Most of the scoping and technical requirements in ADAAG have not been changed.  An independent codes expert compared the final revised guidelines and ADAAG to identify revisions that add new features or space to facilities, or present design challenges compared to ADAAG.[36]  The codes expert identified 27 revisions that are expected to have minimal impacts on the new construction and alterations of facilities, which are discussed in Chapter 6; and 14 revisions that are expected to have monetary impacts on the new construction and alterations of facilities, which are discussed in Chapter 7. 

 

Comparing the final revised guidelines to the current guidelines represents the upper bound of the range of potential impacts, and assumes that facilities covered by the Americans with Disabilities Act or Architectural Barriers Act are not required to also comply with equivalent requirements in the International Building Code. 

 

International Building Code

 

The International Building Code was first issued in 2000 and revised in 2003.  The 2000 and 2003 editions of the International Building Code reference the 1998 edition of the ICC/ANSI A117.1 Standard on Accessible and Usable Buildings and Facilities for technical requirements. 

 

In the absence of the final revised guidelines, newly constructed and altered facilities would have to comply with the International Building Code in jurisdictions where the code has been adopted.  As shown in Table 2.1, the International Building Code has been adopted statewide in 28 States and by local governments in 15 States.[37]  The District of Columbia, the Department of Defense, and the National Park Service have also adopted the International Building Code.  

 

Table 2.1 – State and Local Government Adoption of International Building Code (