A History of Accessibility Requirements
In 1968, President Johnson signed the Architectural Barriers Act. The ABA requires that facilities designed, built, or leased with funds from the federal government need to be made accessible to the public. This was one of the first efforts to ensure access to buildings and facilities for people with disabilities.
Rehabilitation Act of 1973, signed into law by President Nixon, offered protection from discrimination to people with disabilities also. It applied to any program or activity receiving federal funding. The Rehabilitation Act (specifically Section 502) also created the Architectural and Transportation Barriers Compliance Board (referred to as the Access Board) to enforce ABA.
The Americans with Disabilities Act of 1990, enacted during President GHW Bush's administration, extended protections. Provisions that previously only applied to programs receiving federal funding were now extended to employment, state and local government, public services offered by private entities, telecommunications, and transportation. The ADA was the first federal civil rights law that applied whether an entity has received federal funds of not.
The Americans with Disabilities Act became effective for states, local governments, businesses, and nonprofits on January 26, 1992. These are sometimes referred to as the 1991 Standards or the ADAAG (ADA Accessibility Guidelines).
By January 26, 1993 (within 1 year of the effective date of ADA), State and Local governments must have completed a Self-Evaluation and Transition Plan for all of their programs, policies, and services. Any structural modifications must be completed as expeditiously as possible, but by January 26, 1995 (within 3 years of the effective date).
In 2004, the Access Board published the 2004 ADA/ABA Guidelines. These are significant because these are the first Guidelines which provide scoping and technical requirements for playgrounds and many other types of recreation and park environments.
On September 15, 2010, the U.S. Department of Justice adopted and published the 2010 ADA Standards for Accessible Design which were basically the 2004 ADA/ABA Guidelines. The effective date for these revised regulations is March 15, 2011. The compliance date for following the 2010 ADA Standards is March 15, 2012 (within 1 year of the effective date) for new construction, alterations, program accessibility, and barrier removal. This includes provisions for Play Areas / Playgrounds.
According to Section 35.105, a Self-Evaluation and Transition Plan must be completed by March 15, 2012 (1 year after the effective date of the regulation). This Self-Evaluation is only required for programs, policies, and services not previously evaluated for the Americans with Disabilities Act of 1990 or Section 504. Playgrounds were not included in ADA of 1990 or Section 504, so a Self-Evaluation and Transition Plan are necessary for the playgrounds.
In accordance to Section 35.150, changes to facilities should be made as soon as practicable, but in no event later than March 15, 2014 (3 years after the effective date of the regulation).
When discussing existing facilities, the term "grandfathered" in sometimes used. The general idea of grandfathering is that if something was built, presumably up to code at the time, then it doesn't need to be updated to follow the new code until the facility is altered in some way. Congress didn't provide any grandfathering with the Americans with Disabilities Act. There are some "safe harbors" though. As described in Section 35.150(b)(2)(i), elements which have not been altered by March 15, 2012, but comply with previous regulations (eg. 1991 Standards) are not required to be altered in order to comply with the 2010 Standards. However, Section 35.150(b)(2)(ii) states that the safe harbor does not apply to facilities for which there were no provisions in the 1991 Standards. Play Areas / Playgrounds are among the elements for which there are no safe harbors.
Rehabilitation Act of 1973, signed into law by President Nixon, offered protection from discrimination to people with disabilities also. It applied to any program or activity receiving federal funding. The Rehabilitation Act (specifically Section 502) also created the Architectural and Transportation Barriers Compliance Board (referred to as the Access Board) to enforce ABA.
The Americans with Disabilities Act of 1990, enacted during President GHW Bush's administration, extended protections. Provisions that previously only applied to programs receiving federal funding were now extended to employment, state and local government, public services offered by private entities, telecommunications, and transportation. The ADA was the first federal civil rights law that applied whether an entity has received federal funds of not.
The Americans with Disabilities Act became effective for states, local governments, businesses, and nonprofits on January 26, 1992. These are sometimes referred to as the 1991 Standards or the ADAAG (ADA Accessibility Guidelines).
By January 26, 1993 (within 1 year of the effective date of ADA), State and Local governments must have completed a Self-Evaluation and Transition Plan for all of their programs, policies, and services. Any structural modifications must be completed as expeditiously as possible, but by January 26, 1995 (within 3 years of the effective date).
In 2004, the Access Board published the 2004 ADA/ABA Guidelines. These are significant because these are the first Guidelines which provide scoping and technical requirements for playgrounds and many other types of recreation and park environments.
On September 15, 2010, the U.S. Department of Justice adopted and published the 2010 ADA Standards for Accessible Design which were basically the 2004 ADA/ABA Guidelines. The effective date for these revised regulations is March 15, 2011. The compliance date for following the 2010 ADA Standards is March 15, 2012 (within 1 year of the effective date) for new construction, alterations, program accessibility, and barrier removal. This includes provisions for Play Areas / Playgrounds.
According to Section 35.105, a Self-Evaluation and Transition Plan must be completed by March 15, 2012 (1 year after the effective date of the regulation). This Self-Evaluation is only required for programs, policies, and services not previously evaluated for the Americans with Disabilities Act of 1990 or Section 504. Playgrounds were not included in ADA of 1990 or Section 504, so a Self-Evaluation and Transition Plan are necessary for the playgrounds.
In accordance to Section 35.150, changes to facilities should be made as soon as practicable, but in no event later than March 15, 2014 (3 years after the effective date of the regulation).
When discussing existing facilities, the term "grandfathered" in sometimes used. The general idea of grandfathering is that if something was built, presumably up to code at the time, then it doesn't need to be updated to follow the new code until the facility is altered in some way. Congress didn't provide any grandfathering with the Americans with Disabilities Act. There are some "safe harbors" though. As described in Section 35.150(b)(2)(i), elements which have not been altered by March 15, 2012, but comply with previous regulations (eg. 1991 Standards) are not required to be altered in order to comply with the 2010 Standards. However, Section 35.150(b)(2)(ii) states that the safe harbor does not apply to facilities for which there were no provisions in the 1991 Standards. Play Areas / Playgrounds are among the elements for which there are no safe harbors.