Important Information from the US Department of Justice
Dear ADA, Inc. Client: The Department of Justice (DOJ) used the 20th Anniversary of the ADA (July 26, 2010) to announce that Attorney General Eric Holder signed the final regulations for the revisions to the Americans with Disabilities Act Standards for Accessible Design. We have attached a brief announcement received late Monday afternoon. Although we have been aware of the technical and scoping provisions developed by the US Access Board in their 2004 Final Guidelines, the key decisions by the DOJ regarding dates of enforcement and safe harbor(s) were not released until this announcement. There are several important facts to point out:1. The 2010 Standards for Accessible Design (i.e., the 2004 Final Guidelines from the Access Board) will not take effect until 6 months after being published in the Federal Register. We will let you know when it is published. 2. Compliance with the new standards after that date is permitted, but will not be required until 18 months after publication in the Federal Register. In the period between the effective date and the compliance date, covered entities may choose between the enforceable Standards (94) and the 2010 Standards. Covered entities that should have complied with the 1994 Standards during any new construction or alteration of facilities or elements, but have not done so by 18 months after the date of publication of the final rule, will be required to comply with the 2010 Standards.3. As we were expecting, the rule includes a general “safe harbor” under which elements in covered facilities that were built or altered in compliance with the 1994 Standards would not be required to be brought into compliance with the 2010 Standards until the elements were subject to a planned alteration. A similar safe harbor applies to elements associated with the “path of travel” to an altered area. The DOJ also announced the publishing of Advance Notice of Proposed Rulemaking (ANPRM) for the following: Accessibility of Web Information and Services Provided by Entities Covered by the ADA: This is important for any organization that uses the internet to communicate with customers, vendors, etc. Movie Captioning and Video Description: This is important for any organization that engages in the process of video production (or contracts for those services). Accessibility of Next Generation 9-1-1: This is important for all municipal entities responsible for 911/emergency services. Equipment and Furniture (Medical): This is important for all healthcare providers. Comments from the public can be made on all of the above until January 24, 2011. We will continue to keep you posted during this transition period. As always, please do not hesitate to contact us with any questions or concerns. Joan W. SteinPresident and CEOAccessibility Development Associates, Inc.Three Gateway Center, 14th Floor401 Liberty AvenuePittsburgh, PA 15222412-471-4156, Ext. 101(Voice/TDD
