Accessible Leased Building or Facility Space
The purpose of this article is to discuss requirements for leased buildings or facilities within the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA).
The ADA applies to Title II, State and local government buildings and facilities, and Title III, public accommodations and commercial facilities. The ABA, first published in 1968, applies to federal buildings or facilities that were:
(1) constructed or altered by or on behalf of the United States government;
(2) leased in whole or in part by the United States government after August 12, 1968;
(3) financed in whole or in part by a grant or a loan made by the United States after August 12, 1968, if such building or facility is subject to standards for design, construction, or alteration issued under authority of the law authorizing such grant or loan; or
(4) constructed under authority of the National Capital Transportation Act of 1960, the National Capital Transportation Act of 1965, or title III of the Washington Metropolitan Area Transit Regulation Compact.
The photo above is the front façade of a contemporary Federal building with a ramp leading to the front entrance. This building must comply with the ABA for accessibility.
For Federal buildings and facilities built before 1968, ie pre-ABA, alterations and leases undertaken after 1968 are also covered by the ABA.
Four agencies establish the ABA standards according to guidelines issued by the US Access Board including:
• Department of Defense (DOD)
• Department of Housing and Urban Development (HUD)
• General Services Administration (GSA)
• U.S. Postal Service (USPS).
The 2015 ABA Accessibility Standards have been adopted by GSA, DOD, and USPS. The USPS standards do not include the non-mandatory advisory notes. HUD’s adoption of these standards is pending. Examples of ABA covered buildings and facilities includes:
Federal office buildings
United States Post Offices
Federal prisons and courthouses
Social Security Administration offices
National Parks, Monuments, Forests
Department of Defense (DOD) facilities
Overview of the GSA
The General Services Administration (GSA) is a government agency that was established in 1949. The GSA has evolved over the years and today is tasked with managing government buildings and real estate, providing product and service procurement support, and developing policies and regulations. On behalf of the US government, GSA owns and/or leases over 376.9 million square feet of space in 9,600 buildings in more than 2,200 communities nationwide.
Most Federal buildings and facilities managed by the GSA must comply with the ABA. The GSA ABA Standards cover the following Federal agencies:
Department of Transportation (DOT)
Department of Justice (DOJ)
Department of Veterans Affairs (VA)
National Security Agency (NSA)
Department of the Interior
Department of Agriculture
Department of Labor
Environmental Protection Agency (EPA)
US Access Board (USAB)
Department Homeland Security
National Park Service (NPS)
U.S. Forest Service (USFS)
ADA vs ABA, So What’s the Difference?
As stated above, the ABA applies to Federal buildings and facilities, the ADA applies to Title II and III buildings and facilities, which are non-federal. The main differences between the ADA and ABA laws are in the application/scope chapters 1 and 2 and DOJ and DOT added requirements for 2010 ADA Standards. Chapter(s) 2 in the ADA and ABA cover scoping requirements. With respect to leased buildings and facilities, the ABA has a section in Chapter 2 (F202.6) specifically for leased properties, and the ADA does not. To a great extent, the technical requirements found in Chapters 3-10 of the ADA and ABA are similar. See below for information in Chapter 2 of the ABA regarding leased properties.
ABA Standard F202.6, Leases
2015 ABA Standard F202.6, [Existing Buildings and Facilities] Leases, states, “Buildings or facilities for which new leases are negotiated by the Federal government after the effective date of the revised standards issued pursuant to the Architectural Barriers Act, including new leases for buildings or facilities previously occupied by the Federal government, shall comply with F202.6.” Exceptions to this Standard include:
1. Buildings or facilities leased for use by officials servicing disasters on a temporary, emergency basis shall not be required to comply with F202.6.
2. Buildings or facilities leased for 12 months or less shall not be required to comply with F202.6 provided that the lease may not be extended or renewed.
2015 ABA Standard F202.6.1, Joint Use Areas, states, “Joint use areas serving the leased space shall comply with F202.6.” Joint use areas are defined by ABA as “interior or exterior rooms, spaces, or elements that are common space available for use by all occupants of the building. Joint use does not include mechanical or custodial rooms, or areas occupied by other tenants.”
EXCEPTION: Alterations and additions to joint use areas serving the leased space shall not be required to comply with F202.2, F202.3, and F202.5 provided that the alterations are not undertaken by or on behalf of the Federal government.
When negotiating a lease, ensure that joint use areas are accessible. Either the ABA or the ADA should apply. Inaccessible joint use areas may prevent access to and from leased space.
The remainder of the 2015 ABA Standards in F202.6 cover the following topics:
F202.6.2 - Accessible Route
F202.6.3 - Toilet and Bathing Facilities
F202.6.4 - Parking
F202.6.5.1 - Drinking Fountains
F202.6.5.2 - Fire Alarms
F202.6.5.3 - Public Telephones
F202.6.5.4 - Dining Surfaces and Work Surfaces
F202.6.5.5 - Assembly Areas
F202.6.5.6 - Sales and Service Counters
F202.6.5.7 - Depositories, Vending Machines, Change Machines, and Mail Boxes
F202.6.5.8 - Residential Dwelling Units
F202.6.5.9 - Emergency Transportable Housing Units with Mobility Features
F202.6.5.10 - Emergency Transportable Housing Units with Communication Features
Elements that are not required by 2015 ABA Standard F202.6 but that may be required in alterations include:
F204 Protruding Objects
F205 Operable Parts
F207 Accessible Means of Egress
F209 Passenger Loading Zones and Bus Stops
F212 Kitchens, kitchenettes, and sinks
F214 Washing Machines and Clothes Dryers
F216 Signs
F220 ATMs and Fare Machines
F220 Dressing, Fitting, and Locker Rooms