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OSHA 2205.151

Accessibility in new construction

15 Questions & Answers

Questions & Answers

Under 2205.151, who must design new construction and alterations to be accessible?

Under 2205.151, any building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency must be designed, constructed, or altered to be readily accessible to and usable by individuals with disabilities.

  • This requirement applies to the agency covered by Part 2205. See 2205 for the part context.
  • The standard makes the agency responsible for ensuring accessibility when it carries out construction or alteration work.

Under 2205.151, what accessibility standards apply to new construction and alterations?

Under 2205.151, the definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 102-76.60 to 102-76.95, apply to buildings covered by this section.

  • In practice, follow the specific technical requirements found in 41 CFR 102-76.60–102-76.95 (the implementing regulations for the Architectural Barriers Act).
  • Use these ABA regulations to determine details such as routes, entrances, and other accessibility features.

Under 2205.151, what does 'readily accessible to and usable by individuals with disabilities' mean for agency projects?

Under 2205.151, 'readily accessible to and usable by individuals with disabilities' means agency construction and alterations must meet the accessibility requirements set by the Architectural Barriers Act and its implementing regulations at 41 CFR 102-76.60 to 102-76.95.

  • For practical application, follow the ABA technical standards (41 CFR) for measurements, routes, entrances, equipment access, and other features that make facilities usable by people with disabilities.

Under 2205.151, if an agency is altering only part of a building, does the accessibility requirement still apply?

Under 2205.151, yes: each building or part of a building that is altered by, on behalf of, or for the use of the agency must be altered so as to be readily accessible to and usable by individuals with disabilities.

  • Apply the ABA requirements (41 CFR 102-76.60–102-76.95) to the altered portion; alterations must not leave the altered area inaccessible when ABA standards require accessibility improvements.

Under 2205.151, does the Architectural Barriers Act (ABA) or the Americans with Disabilities Act (ADA) control for agency construction?

Under 2205.151, the Architectural Barriers Act (ABA) and its implementing regulations at 41 CFR 102-76.60 to 102-76.95 apply to buildings covered by this section.

  • For agency projects covered by this section, follow the ABA requirements as specified here; if you need ADA guidance for other contexts, consult the ADA regulations separately, but 2205.151 explicitly incorporates the ABA standards.

Under 2205.151, where can I find the specific technical rules to meet accessibility during construction and alterations?

Under 2205.151, the specific technical rules are in the Architectural Barriers Act implementing regulations at 41 CFR 102-76.60 to 102-76.95.

  • Use 41 CFR 102-76.60–102-76.95 for detailed measurements, features, and exceptions that define how to make elements such as entrances, routes, restrooms, and signage accessible.

Under 2205.151, does the standard apply to buildings leased by the agency?

Under 2205.151, any building or part of a building constructed or altered by, on behalf of, or for the use of the agency must meet accessibility requirements.

  • If the agency funds or directs construction or alterations in leased space (i.e., done by or on behalf of the agency), the ABA standards at 41 CFR 102-76.60–102-76.95 apply; consult contracting and leasing guidance to determine responsibilities for implementing required alterations.

Under 2205.151, who decides which ABA regulations in 41 CFR apply to a specific project?

Under 2205.151, the ABA implementing regulations at 41 CFR 102-76.60 to 102-76.95 provide the definitions and requirements that determine which rules apply to a project.

  • Agencies should review the specific provisions in 41 CFR 102-76.60–102-76.95 to identify applicable technical requirements, scoping rules, and any exceptions for the particular type of construction or alteration.

Under 2205.151, are there any circumstances in which an agency can avoid making a newly constructed building accessible?

Under 2205.151, buildings constructed or altered by, on behalf of, or for the use of the agency must be made readily accessible and usable by individuals with disabilities, and the ABA regulations at 41 CFR 102-76.60–102-76.95 govern the specifics.

  • The standard itself does not list exclusions; any limited exceptions or scoping rules would be found in the ABA implementing regulations at 41 CFR 102-76.60–102-76.95, so review those sections for permitted variances or exceptions.

Under 2205.151, when planning an agency construction project, what compliance steps should be taken to meet accessibility rules?

Under 2205.151, plan the project to meet the accessibility requirements of the Architectural Barriers Act as set out in 41 CFR 102-76.60–102-76.95.

  • Early in design, consult 41 CFR 102-76.60–102-76.95 to identify technical requirements.
  • Include accessibility in project specifications and contract documents so builders follow ABA standards.
  • Verify compliance during construction and at project close-out against the ABA rules.

Under 2205.151, does this standard create requirements beyond those in the Architectural Barriers Act?

Under 2205.151, the standard explicitly adopts the definitions, requirements, and standards of the Architectural Barriers Act as established in 41 CFR 102-76.60 to 102-76.95 for buildings covered by this section.

  • 2205.151 incorporates the ABA implementing regulations rather than adding separate technical requirements; follow the ABA rules in 41 CFR for the substantive accessibility obligations.

Under 2205.151, where does this regulation sit within OSHA's rules and what is its subject?

Under 2205.151, this regulation is part of Part 2205, which addresses enforcement of nondiscrimination on the basis of disability and accessibility of Commission electronic and information technology; 2205.151 specifically addresses program accessibility for new construction and alterations.

  • See Part 2205 for the broader context and coverage of the part.

Under 2205.151, who should I consult for the technical details if I need construction drawings to meet accessibility?

Under 2205.151, consult the Architectural Barriers Act implementing regulations at 41 CFR 102-76.60–102-76.95 for the technical details required in construction drawings to ensure accessibility.

  • Architects and designers should use 41 CFR 102-76.60–102-76.95 as the primary technical reference when preparing plans for agency projects covered by this section.

Under 2205.151, how should an agency demonstrate that a completed construction or alteration is accessible?

Under 2205.151, completed construction or alterations must meet the accessibility requirements of the Architectural Barriers Act as specified in 41 CFR 102-76.60–102-76.95; demonstrating compliance typically means verifying that the finished work conforms to those ABA standards.

  • Use the technical criteria in 41 CFR 102-76.60–102-76.95 as the checklist for inspections and acceptance.
  • Document inspections and corrective actions to show the project meets ABA requirements.

Under 2205.151, do electronic and information technology accessibility rules apply to new building construction?

Under 2205.151, the section specifically requires physical construction and alterations be accessible and states that the definitions and standards of the Architectural Barriers Act (41 CFR 102-76.60–102-76.95) apply to covered buildings.

  • For electronic and information technology accessibility, refer to other sections of Part 2205 that address EIT accessibility; 2205.151 focuses on physical building accessibility and points to ABA implementing regulations for physical standards.