Accessibility Fundamentals and Regulatory Framework
Core concepts
Understand the difference between civil-rights obligations and technical standards. The ADA is a civil-rights law; the ADA Standards give the measurable criteria. Know which title applies: Title I (employment), Title II (state and local government), Title III (public accommodations and commercial facilities). Learn key definitions precisely: "facility," "place of public accommodation," "accessible route," "readily achievable," "undue burden," and "maximum extent feasible." Distinguish the 2010 ADA Standards from the ABA Standards (federal facilities) and from ICC A117.1, which is a referenced consensus standard, not the ADA itself. Know the roles of the Access Board (writes guidelines) and DOJ (enforces and adopts standards).
Traps in questions
- Mixing "readily achievable" (barrier removal, Title III existing facilities) with "undue burden" (program access and auxiliary aids).
- Assuming state or local codes override the ADA. Where both apply, the more stringent requirement governs; compliance with one does not excuse the other.
- Treating advisory material as mandatory. Advisory notes explain intent but are not enforceable text.
- Confusing new construction (full compliance) with alterations (compliance to the maximum extent feasible) and existing facilities (program access or barrier removal).
Worked example
A question asks whether a small retail tenant must widen a restroom door in an existing building. Rule of thumb: first ask whether the element is being altered. If not, ask whether removal is readily achievable, weighing cost and difficulty against resources. If it is part of an alteration, the altered element must comply to the maximum extent feasible.
Study tip
Build a one-page matrix of title, obligation, and standard. Most fundamentals questions are resolved by identifying the title and the project type before recalling any dimension.