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Construction Law

: The South Carolina Construction Law Blog

2010 ADA Regulations Affecting New and Existing Construction

By Ryan McCabe

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Here are some quick facts regarding the Americans with Disabilities Act (ADA) regulations issued on September 15, 2010. The new standards affect both Title II and Title III of the Act. Title II focuses on nondiscrimination in state and government services, while Title III refers to nondiscrimination on the basis of disability by public accessibility and in commercial facilities.

Effective Date: March 15, 2011. By March 15, 2012 compliance with the new regulations will be required for both new constructions and alterations to existing construction.

Safe Harbor: Existing buildings in compliance with the 1991 ADA requirements or the Uniform Federal Accessibilities Standards (UFAS) will not be required to comply with the 2010 standards until such time as the elements are subject to a planned alteration. However, if the specific elements were not addressed in the 1991 standards, then the elements must comply with the 2010 standards.

Broader Coverage: Access regulations will be extended to a larger variety of buildings than in previous standards, including recreational facilities, children's play areas, state and local government facilities, and public housing units. The requirements are very specific and thorough, but here are a few examples:
-At least 5% of boarding piers at boat launch ramps must be accessible
-Lower handrails for fishing piers
-Accessible means of entry and exit for swimming pools
-For the first time, residential dwelling units built by or on behalf of public entities with the intent of selling finished units to the public are subject to the design requirements

Condominium Hotels: Condos that operate like hotels are subject to Title III. These facilities are not subject to the reservation requirements relating to "holding back" accessible units. Likewise, these buildings are not required to comply with the barrier removal of alterations requirements when the interior features of the units are controlled by individual owners. 

New Construction Requirements: Significant changes are noted in the following areas:
-Reach ranges
-Bathroom clear floor space
-Mandated maximum and minimum heights for control switches
-Accessible paths from building arrival points to intrances
-Accessible cross slope standard modified from 1:50 to 1:48
-Access to parking structures
-Circulation paths
-Assembly areas
-Transient lodging

This site and any information contained herein is for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter. 

Full post as published by The South Carolina Construction Law Blog on October 21, 2010 (boomark / email).

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