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Architectural Barriers Act of 1968

From Wikipedia, the free encyclopedia
1968 act of congress

TheArchitectural Barriers Act of 1968 ("ABA",Pub. L. 90–480, 82 Stat. 718, enactedAugust 12, 1968, codified at42 U.S.C. § 4151 et seq.) is anAct of Congress, enacted by PresidentLyndon B. Johnson.

The ABA requires that facilities designed, built, altered, or leased with funds supplied by theUnited States Federal Government be accessible to the public.[1] For example, it mandates provision of disabled-access toilet facilities in such buildings.[2] The ABA marks one of the first efforts to ensure that certain federally funded buildings and facilities are designed and constructed to be accessible to people with disabilities. Facilities that predate the law generally are not covered, but alterations or leases undertaken after the law took effect can trigger coverage.

Uniform standards for the design, construction and alteration of buildings were created so that persons with disabilities will have ready access to and use of them. TheseUniform Federal Accessibility StandardsArchived 2007-07-12 at theWayback Machine (UFAS) are developed and maintained by an Access Board and serve as the basis for the standards used to enforce the law. The Board enforces the ABA by investigating complaints concerning particular facilities. Four Federal agencies are responsible for the setting the standards: theDepartment of Defense, theDepartment of Housing and Urban Development, theGeneral Services Administration, and theU.S. Postal Service. These federal agencies are responsible for ensuring compliance with UFAS when funding the design, construction, alteration, or leasing of facilities. Some departments have, as a matter of policy, also required compliance with theAmericans with Disabilities Act accessibility guidelines (which otherwise do not apply to the Federal sector) in addition to UFAS.[3]

Structure

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The ABA (as amended) consists of seven sections:[4]

  • Section 1 defines the buildings or facilities covered by the Act.
  • Section 2, 3, 4 and 4a describe the role of each standards-setting agency.
    • The General Services Administration (GSA) prescribes standards for all buildings subject to the Architectural Barriers Act that are not covered by standards issued by the other three standard-setting agencies;
    • The Department of Defense (DoD) prescribes standards for DoD installations;
    • The Department of Housing and Urban Development (HUD) prescribes standards for residential structures covered by the Architectural Barriers Act except those funded or constructed by DoD;
    • The U.S. Postal Service (USPS) prescribes standards for postal facilities.
  • Section 5 states that buildings designed, constructed, or alteredafter the effective date (August 12, 1968) are covered under the Act.
  • Section 6 concerns modification of standards and the granting of waivers.
  • Section 7a requires that the Administrator of General Services report toCongress on his or her activities as they pertain to the act.
  • Section 7b amends the Act to ensure compliance with the standards, by the establishment an independent Federal agency, theArchitectural and Transportation Barriers Compliance Board established by section 502 of theRehabilitation Act of 1973. 7b also requires report of the Compliance Board to theSenate "activities and actions to insure compliance with the standards prescribed under this Act."

References

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  1. ^About the Architectural Barriers Act and Other Disability Rights LawsArchived July 12, 2007, at theWayback Machine
  2. ^Anthony, Kathryn H. and; Meghan Dufresne (2007). "Potty Parity in Perspective: Gender and Family Issues in Planning and Designing Public Restrooms".Journal of Planning Literature.21 (3):267–294.doi:10.1177/0885412206295846.hdl:2142/11713.S2CID 55087156.
  3. ^The Architectural Barriers Act (ABA) of 1968:IntroductionArchived July 14, 2007, at theWayback Machine
  4. ^"Uniform Federal Accessibility Standards". Archived fromthe original on 2007-07-12. Retrieved2007-07-06. The Architectural Barriers Act - as amended through 1984
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