Examples of Changes in ADA Accessibility Guidelines and the Impact They Could Have

Subject

Current ADAAG

Revised ADAAG

Reason for Concern

Employee Work Areas

Employee work areas need only be designed so that individuals with disabilities can approach, enter and exit the area. Maneuverability within the area is not required. (§ 4.1.1(3))

Employee work areas shall be required to comply with accessible common use circulation paths, and shall be designed so that individuals with disabilities can approach, enter, and exit the employee work area, unless the employee work area is less than 300 square feet and elevated 7 inches or more where the elevation is essential.

(§ 203.9)

Making employee work areas subject to the same requirements as public spaces greatly expands Title III’s impact, and blurs the distinction between Title I (employment) and Title III (access to public spaces).

Public Entrances

50 percent of entrances to building must be accessible. (§ 4.1.3(8)(a)(i))

60 percent of public entrances must be accessible. (§ 206.4.1)

Because fractions are rounded up, this means that if there are two entrances, both of them would have to comply; if there are four entrances, three of them (75 percent) would have to be accessible.

Parking Structure Entrances

If direct access is provided for pedestrians from an enclosed parking garage to the building, at least one direct entrance from the garage to the building must be accessible. (§ 4.1.3 (8)(b)(i))

Where direct access is provided for pedestrians from a parking structure to a building or facility entrance each direct access to the building or facility shall be accessible. (§ 206.4.2)

This could increase substantially the number of entrances required to be accessible.

Van Parking Spaces

One in every eight accessible spaces required to be van accessible. (§ 4.1.2(5)(b))

For every six or fraction of six parking spaces required to be accessible, at least one shall be van accessible. (§ 208.2.4)

This increases the number of already accessible spaces that must be set aside specifically for vans.

Sales and Service Counters—Forward Approach

Counter must be at least 36 inches long with a maximum height of 36 inches. (§ 7.2 (1))

A portion of the counter surface that is 30 inches long minimum and 36 inches high maximum shall be provided. In addition, specific knee and toe clearances are required, as is specific clear floor or ground in front of the counter for a parallel or forward approach. (§ 904.4.2)

Requirement for knee and toe clearances is new and will significantly affect sales counters and displays, possibly eliminating lower shelves.