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Withdrawn Technical Assistance: Title III Highlights

[As of] December 21, 2017, the Department of Justice has withdrawn and, where applicable, removed from ADA.gov [this] technical assistance document. [This] document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document. Withdrawal of a guidance document does not change covered entities’ legal responsibilities, as reflected in the ADA, its implementing regulations, and other binding legal requirements and judicial precedent. The Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.

IX. New Construction

All newly constructed places of public accommodation and commercial facilities must be accessible to individuals with disabilities to the extent that it is not structurally impracticable. 

The new construction requirements apply to any facility occupied after January 26, 1993, for which the last application for a building permit or permit extension is certified as complete after January 26, 1992.

Full compliance will be considered "structurally impracticable" only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features (e.g., marshland that requires construction on stilts). 

The architectural standards for accessibility in new construction are contained in the ADA Accessibility Guidelines issued by the Architectural and Transportation Barriers Compliance Board, an independent Federal agency. These standards are incorporated in the final Department of Justice title III regulation.

Elevators are not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center, shopping mall, professional office of a health care provider, or station used for public transportation.

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