Frequently Asked Questions
Author: Kathy Gips, Director of Training, DBTAC—New England ADA Center
While you’re complying with the ADA requirements for architectural accessibility, keep your eye on state requirements. Did you know that Connecticut requires three grab bars at public restroom toilets: one on the back wall, one on the sidewall and a third that swings down? The third grab bar makes the toilet more usable by people who are ambulatory and need extra arm oomph getting on and off the toilet. Connecticut also requires one access aisle for each accessible parking space, no aisle sharing allowed. In Massachusetts a ramp must be at least 48” wide, not 36” as in the ADA and all public entrances need to be accessible, not just 50%. In Maine elevators in state facilities, condominiums, apartment buildings and buildings that have places of public accommodation must be of sufficient size to allow the transport of a person on an ambulance stretcher in a fully supine position. In Vermont churches, temples, mosques and other houses of worship must comply with accessibility requirements (unlike the ADA where such places are exempt) and certain “visitable” requirements apply to much residential construction. Rhode Island’s amendments to their building code have child-appropriate access requirements for toilets, sinks, mirrors, controls and receptacles. In New Hampshire an 18” vertical grab bar is required at toilets in addition to the back and horizontal side grab bars.
And these are just a few of the differences. Always check state and local codes.
The ADA also needs to be understood within the context of the federal Fair Housing Act and Section 504 of the Rehabilitation Act. The Fair Housing Act precedes the ADA by several years. The design and construction requirements apply to “covered multifamily dwellings” designed and constructed for first occupancy after March 13, 1991. Condominiums and apartment buildings are covered by the requirements. So are time-shares, dormitories, transitional housing, homeless shelters that are used as a residence, student housing, assisted living housing, and others. For some of these buildings only the Fair Housing Act design and construction requirements apply. For others, such as dormitories and homeless shelters, both the ADA and the Fair Housing Act requirements apply.
Now what if the organization, entity or business receives federal funds such as a university where Department of Education money flows in or a city housing agency that receives funds from the Department of Housing and Urban Development? Section 504 of the Rehabilitation Act prohibits discrimination on the basis of disability by recipients of federal financial assistance; one of the most important sections states that new construction and alterations must be accessible. Each federal agency writes and enforces its own Section 504 regulations and all the Section 504 regulations reference the Uniform Federal Accessibility Standards (UFAS).
It’s unfortunate that working towards a common, important goal - ensuring the inclusion of people with disabilities in all aspects of community life - ends up being so complicated with differing state and federal requirements. We hope the following chart will be helpful untangling some of the confusion. (See: Chart: Architectural Accessibility Requirements by State - link opens new window)
