US 2010 ADA Standards for Accessible Design
28 CFR Part 36 Subpart D: Title III public accommodations and commercial facilities – US 2010 ADA Standards for Accessible Design

US 2010 ADA Standards for Accessible Design 36.401: Title III new construction: facilities for first occupancy after 26 January 1993

What does 36.401 require?

For public accommodations and commercial facilities, failing to design and build a facility for first occupancy after 26 January 1993 so that people with disabilities can readily reach and use it is discrimination. First occupancy after that date means the last building permit application was certified complete (or received) after 26 January 1992 and the first certificate of occupancy issued after 26 January 1993. In a commercial facility located in a private residence, the parts used for the business or shared between business and residence, including the entry path, doorway, hallways and restrooms available to employees or visitors, are covered. Structural impracticability on account of terrain is the only exception, with the same partial compliance and other-disability duties as Title II. The elevator exemption for buildings under three storeys or under 3,000 square feet per storey does not apply to shopping centres, professional offices of health care providers, transit terminals or airports.

Maintained by Gerard Blokdyk

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