Revised ADA Regulations
Implementing Title II and Title III


 

Amendment of Title II and Title III Regulations: Extension of Compliance Date for Existing Pools
(New May 21, 2012)

 

On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Departmentís ADA regulations, including its ADA Standards for Accessible Design. The official text was published in the Federal Register on September 15, 2010 (corrections to this text were published in the Federal Register on March 11, 2011).

The revised regulations amend the Departmentís title II regulation, 28 CFR Part 35, and the title III regulation, 28 CFR Part 36. Appendix A to each regulation includes a section-by-section analysis of the rule and responses to public comments on the proposed rule. Appendix B to the title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules.

These final rules went into effect on March 15, 2011 and will be published in the 2011 edition of the Code of Federal Regulations (CFR).

Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. The Department has prepared fact sheets identifying the major changes in the rules.

Revised Final Title II Rule: A Compilation of Regulatory Provisions and Guidance -- Nondiscrimination on the Basis of Disability in State and Local Government Services (HTML) | Revised Title II Rule: A Compilation... (PDF) This document contains the following: (1) supplementary information (the preamble to the revised regulation); (2) the title II regulation updated to reflect the 2010 revisions and the technical corrections (published March 11, 2011) which became effective on March 15, 2011; (3) guidance on the revised regulatory provisions; and (4) guidance on the original 1991 title II regulation.

Revised Final Title II Rule with integrated text -- This version contains the title II regulation updated to reflect the 2010 revisions and the technical corrections (published March 11, 2011) which became effective on March 15, 2011. It does not contain supplementary information or guidance. The new text is shown in a bold typeface.

Title II: Final Rule amending 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services (HTML) | (Title II: Final Rule PDF)  (as published in the Federal Register September 15, 2010) This document does not contain the full text of the regulation and addresses only new and revised provisions.

Title II: Corrections to the Final Rule (HTML) | Title II: Corrections (PDF) (as published in the Federal Register on March 11, 2011). This document corrects typographical errors and one substantive error reflected in certain sections of the rule relating to service animals. These corrections should be read together with the final rule published on September 15, 2010.

Revised Final Title III Rule: A Compilation of Regulatory Provisions and Guidance -- Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (HTML) | Revised Title III Rule: A Compilation... (PDF) This document contains the following: (1) supplementary information (the preamble to the revised regulation); (2) the title III regulation updated to reflect the 2010 revisions and the technical corrections (published March 11, 2011) which became effective on March 15, 2011; (3) guidance on the revised regulatory provisions; and (4) guidance on the original 1991 title III regulation.

Revised Final Title III Regulation with integrated text -- This version only contains the title III regulation updated to reflect the 2010 revisions and the technical corrections (published March 11, 2011) which became effective on March 15, 2011. It does not contain supplementary information or guidance. The new text is shown in a bold typeface.

Title III: Final Rule amending 28 CFR Part 36: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (HTML) | Title III: Final Rule (PDF)  (as published in the Federal Register September 15, 2010) This document does not contain the full text of the regulation and addresses only new and revised provisions.

Title III: Corrections to the Final Rule (HTML) Title III: Corrections (PDF) (as published in the Federal Register on March 11, 2011). This document corrects an inadvertent error in an instruction, the omission of some language in the rule, and an error reflected in certain sections of the rule relating to service animals. These corrections should be read together with the final rule published on September 15, 2010.

2010 ADA Standards for Accessible Design
The 2010 Standards set minimum requirements -- both scoping and technical -- for newly designed and constructed or altered State or local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.

Appendix B: Analysis of the 2010 ADA Standards (HTML) | PDF format

Technical Assistance

ADA Update: A Primer for Small Business (HTML) | (PDF)
An illustrated guide to help small businesses understand the new and updated requirements of the revised ADA regulations.

Revised ADA Requirements: Effective Date and Compliance Date (HTML) | (PDF)

Revised ADA Requirements: Accessible Pools - Means of Entry and Exit (HTML) | (PDF)

Revised ADA Requirements: Service Animals (HTML) | (PDF)

Revised ADA Requirements: Ticket Sales (HTML) | (PDF)

Fact Sheets: 

Highlights of the Final Rule to Amend the Department of Justice’s Regulation Implementing Title II of the ADA

Highlights of the Final Rule to Amend the Department of Justice’s Regulation Implementing Title III of the ADA

Adoption of the 2010 Standards for Accessible Design


Final Regulatory Impact Analysis:

Final Regulatory Impact Analysis of the Final Revised Regulations Implementing Titles II And III of the ADA, Including Revised ADA Standards for Accessible Design: Final Report (PDF) | Final Regulatory Impact Analysis: Supplemental Results (PDF)

Final Regulatory Impact Analysis of the Final Revised Regulations Implementing Titles II And III of the ADA, Including Revised ADA Standards for Accessible Design: Final Report (HTML) | Final Regulatory Impact Analysis: Supplemental Results (HTML)






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updated October 10, 2012