Architectural Barriers Act (ABA) of 1968
The ABA requires facilities designed, built,
altered, or leased by, for or on behalf of a Federal agency, or with Federal
funds, comply with the applicable accessibility guidelines / standards.
Passed by Congress in 1968, it marks one of the first efforts to ensure
access to the built environment.
The U.S. Access Board develops and maintains
accessibility guidelines under this law. These guidelines serve as the basis
for the standards used to enforce the law. The current guidelines under
the ABA are the Architectural Barriers Act Accessibility Standards (ABAAS).
Any Federal agency may develop and complete
rule making with accessibility guidelines that apply to their own agency
provided they are equal to or more stringent than the guidelines finalized
by the U.S. Access Board. The U.S. Forest Service has
guidelines that are more stringent than those of the Access Board: Forest
Service Outdoor Recreation Accessibility Guidelines and Forest Service Trail
Accessibility Guidelines both are legally enforceable with the National Forest
System
Architectural Barriers Act of 1968, as amended
42 U.S.C. 4151 et seq.
4151. "Building" defined
As used in this chapter, the term
"building" means any building or facility (other than (A) a privately
owned residential structure not leased by the Government for subsidized housing
programs and (B) any building or facility on a military installation designed
and constructed primarily for use by able bodied military personnel) the
intended use for which either will require that such building or facility be
accessible to the public, or may result in the employment or residence therein
of persons with disabilities, which building or facility is--
(1) to be constructed
or altered by or on behalf of the United States;
(2) to be leased in
whole or in part by the United States after August 12, 1968;1
(3) to be 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) to be 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.