New ADAAG-R Almost Here!
On Monday, December 7, 2009 the US Department of Justice (DOJ) issued its Statement of Regulatory Priorities for 2010. In that Regulatory Plan, DOJ stated that it “is planning to revise its regulations implementing titles II and III of the Americans With Disabilities Act (ADA). ”
The Plan went on to state:
In June 2008, the Department has published proposed rules to revise its regulations implementing titles II and III of the ADA to amend the ADA Standards for Accessible Design (28 CFR part 36, appendix A) to be consistent with the revised ADA accessibility guidelines published by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) on July 23, 2004. During FY 2010, the Department expects to complete its work on these regulations and to further amend the Department’s regulations to implement the ADA Amendments Act of 2008, which took effect on January 1, 2009.
The timetable associated with this action indicates “Final Action” in March of 2010. While this is not a mandatory deadline and should be seen as a projection only, it offers some degree of hope to all who have been awaiting something more definitive in regards to adoption of the new ADA/ABA Guidelines.
I guess one can officially hold their breath and cross their fingers now! And while you are at it, you may want to call Otten Consulting Group and schedule yourself for one of our AIA approved CE seminars on Accessibility (I would recommend the seminar covering The New ADAAG-R Guidelines).
(800) 776-4ADA
(713) 975-1029
Filed under: Accessibility, New ADA Guidelines
What do you think will happen in Texas ?
Fred,
A number of things could happen, but here’s what I think will happen. My understanding is that TDLR may have been working on a revision to the TAS based on the new ADA/ABA guidelines, but I don’t have any personal knowledge of anything. It is undoubtedly a monumental task, and the Texas Legislature meets in odd numbered years, so unless the Governor calls a Special Session, we won’t have new standards until 2011 or later.
Since that is an untenable proposition, and since the option of presenting a revised TAS and approving it with all the required hearings, comment periods etc., is probably too big an exercise to complete in a timely fashion, here is my prediction: the Governor will call a Special Session and revise the TABA to change the design and construction standards from the TAS to the new ADA/ABA Guidelines as they are published by the feds. Sometime down the line Texas can then revise or amend them, or create a new version of the TAS.
Looking at the history of Texas accessibility laws and associated guidelines, one will find that our design standards predate the ADAAG (they were based on ANSI). It probably made sense when the ADAAG came out for Texas to maintain its own set of standards for accessible design, but with this new ADA/ABA Guideline and the efforts on the federal side to harmonize the many divergent accessibility codes (FHA guidelines, ADAAG, ANSI A117.1, IBC etc.), along with the merger of the several model building code organizations into the ICC, it seems logical that TDLR would want to not muddy the waters by introducing a new “different” set of accessibility guidelines in the form of a revised TAS.
So, to recap, I think the Legislature will meet in Special Session, amend the Texas Architectural Barriers Act to essentially replace the 1994 TAS with the new ADA/ABA Guidelines and perhaps a number of amendments. I honestly don’t think anything else will change, although everything could! It seems to me that the infrastructure currently in place (especially with the RAS program) works well, and local jurisdictions have become comfortable with allowing enforcement of accessibility code issues at the state level.
Having firsthand experienced (more like a nightmare) of a statewide accessibility code (like that in California with Title 24) enforced at both the state and local levels, I wouldn’t recommend Texas regressing back to a scenario like that. What we have works, so the least amount of change the better (in my opinion).
That’s my story and I’m sticking to it. For now.
Ken