Monday, September 19, 2011

Is There a Difference Between a “Guideline” and a “Standard”?

A guideline and a standard are exactly the same document.  One needs a little history lesson.

“To ensure compliance with the standards, Congress established the Architectural and Transportation Barriers Compliance Board (ATBCB) in Section 502 of the Rehabilitation Act of 1973 (the Rehabilitation Act), 29 U.S.C. 792.

“A 1978 amendment to Section 502 of the Rehabilitation Act added to the ATBCB’s functions the responsibility to issue minimum guidelines (Guidelines) and requirements for the standards established by the four standard-setting agencies.

“The four standard-setting agencies determined that the uniform standards adopted by them would, as much as possible, not only comply with the Guidelines adopted by the ATBCB but also be consistent with the standards published by the American National Standards Institute (ANSI) for general use.”

That document, written by the Architectural and Transportation Barriers Compliance Board was called the Uniform Federal Accessibility Standards (UFAS).  Remember, that standard or guideline is the safe harbor for design and construction to be in compliance with federal civil rights laws regarding accessibility.

With the passage of the Americans with Disabilities Act of 1990 (ADA), the Architectural and Transportation Barriers Compliance Board wrote the ADA Accessibility Guidelines (ADAAG), and it was published on July 26, 1991.  The U.S. Department of Justice (DOJ) was given the enforcement responsibility for the ADA, along with a rather convolute process that takes years to make the guideline the DOJ’s enforceable standard.  So, the Architectural and Transportation Barriers Compliance Board called their document a guideline as it applies to the ADA, because they were not the enforcement agency for the following:

1.   General Services Administration.
2.   Department of Defense.
3.   Department of Housing and Urban Development.
4.   U.S. Postal Service





Post your comments, suggestions or questions here or on our FaceBook page at http://www.facebook.com/pages/Access-Technologies-Services-Inc/268659564730#!/?sk=lf.  You can also contact us at hfalstad@accessts.net or call us at (702) 649-7575.  We look forward to hearing from you.

Hank


The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.

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