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Justice Department seeking comment on ADA revisions

Mon, Jun 23rd 2008 12:00 am
By KENT HOOVER
American City Business Journals

The Justice Department issued proposed regulations June 17 that would revise Americans with Disability Act standards for accessibility to buildings and other public spaces.

The new ADA standards are consistent with guidelines developed over 10 years by an advisory board composed of representatives from the design and construction industry, building-code officials, other state and local officials and people with disabilities.

The proposed regulations cover existing facilities as well as new construction and alterations. The department is seeking comments on the cost of making changes in eight particularly expensive areas: side reach (height of light switches, for example); water-closet clearances in single-user toilet rooms with in-swinging doors; stairs; elevators; location of accessible routes to stages; accessible attorney areas and witness stands; assistive listening systems; and accessible teeing grounds, putting greens and weather shelters at golf courses.

Compliance with the proposed rules could cost billions of dollars, but the department tried to accommodate the concerns of small businesses when it comes to removing barriers in existing facilities. The ADA requires that architectural, transportation and communication barriers be removed in public accommodations to the extent that it is readily achievable to do so. The proposed regulation would presume that small businesses did what was readily achievable in a given year if they spent 1 percent of their gross revenues on barrier removal. Some business groups had argued for the standard to be set at 5 percent of net revenues.

The department is accepting comments on the proposed regulations until Aug. 18.

For more information, see the June 17 edition of the Federal Register, www.gpoaccess.gov/fr.