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National Endowment for the Arts ADA Tip Sheet

REDUCTION OF ACCESSIBLE ELEMENTS 

In the past, regulations stipulated that once a level of accessibility had been achieved, the entity was required to keep that level of accessibility. However, the revised regulations have added an exception that allows for the reduction of accessible elements in a facility from the number required in the 1991 ADA Standards to those in the 2010 Standards. This exception is limited to physical elements in a facility covered by the 2010 Standards.

EXAMPLE

Under the 1991 ADA Standards, a theater with 5,000 seats was required to have 51 wheelchair accessible locations. Under the 2010 Standards, the requirements have been lowered such that the same theater would now only be required to have 36 wheelchair accessible locations. The exception in the 2010 Standards would allow the theater to reduce the number of wheelchair accessible locations from 51 to 36. 

FIND IT IN THE REGULATIONS

State and Local Governments: §35.133 (c) maintenance of accessible features

Places of Public Accommodation: §36.211 (c) maintenance of accessible features

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