Title III Technical Assistance Manual (with 1994 supplement)

III−5.3000 Application of ADAAG. The Department of Justice has adopted the ADA Accessibility Guidelines (ADAAG), issued by the Architectural and Transportation Barriers Compliance Board, as the standard to be applied in new construction. The major provisions of ADAAG are summarized in III−7.0000.

What if ADAAG has no standards for a particular type of facility -- such as bowling alleys, golf courses, exercise equipment, pool lifts, amusement park rides, and cruise ships? In such cases, the ADAAG standards should be applied to the extent possible. Where appropriate technical standards exist, they should be applied. If there are no applicable scoping requirements (i.e. , how many features must be accessible), then a reasonable number, but at least one, must be accessible.

ILLUSTRATION 1: A swimming pool complex must comply fully with ADAAG in the parking facilities, route to the facility door, entrance to the facility, locker rooms, showers, common areas, and route to the pool. However, ADAAG does not contain technical standards for access to the pool itself. Thus, the owner cannot be found in violation of ADAAG for failure to install a lift or other means of access into the pool.

ILLUSTRATION 2: Most bowling alleys are inaccessible because they have a few steps down to the bowling area and a step up to the lanes. ADAAG requirements for ramping steps can be applied to the design of new bowling alleys, resulting in an accessible bowling alley. Unlike in the case of pool lifts above, appropriate technical standards for ramps are applicable. However, ADAAG contains no "scoping" for bowling alleys. In other words, it does not specify how many alleys need to be accessible. As a result, if a reasonable number, but at least one, of the alleys is designed to be accessible, no ADA violation will be found. ILLUSTRATION 3: Because of the unique structure of ships, none of the ADAAG technical or scoping standards are appropriate. Until such time as the Architectural and Transportation Barriers Compliance Board issues specific standards applicable to ships, there is no requirement that ships be constructed accessibly. (Cruise ships would still be subject to other title III requirements.)

ILLUSTRATION 4 [sic]: Although mobile health care screening vans are "facilities" subject to the requirements of title III, there are no specific ADAAG standards for newly constructed or altered vans. The vehicles are, however, subject to the other title III requirements including the obligation to provide equal opportunity and the duty to remove architectural, communication, and transportation barriers to the extent that it is readily achievable to do so, and if it is not readily achievable to do so, to provide alternative methods of access to the services offered through the mobile vans.

Does ADAAG apply to equipment that is not built in to the facility? No. Only equipment that is fixed or built in to the facility, is covered by the accessibility standards (e.g. , public pay telephones or built-in ATMs). Free-standing equipment is not covered by ADAAG, but public accommodations may be required to purchase accessible free-standing equipment in certain circumstances in order to provide equal opportunity. They may also be required to make existing free-standing equipment accessible to individuals with disabilities, if it is readily achievable to do so (see III-4.4200).