Responses to Section D. Effective Date

D. Effective Date

Following the publication of a final rule, the Department must set an effective date for the application of any new title II or title III regulations requiring the Web sites of entities covered by the ADA to be accessible. When the ADA was enacted, the effective dates for various provisions were delayed in order to provide time for covered entities to become familiar with their new obligations. Under the 1991 regulations, new construction under title II and alterations under either title II or title III had to comply with the design standards of the Department's new regulations by January 26, 1992, six months after the regulations were published. See 28 CFR 35.151(a)-(b); 28 CFR 36.402(a). For new construction under title III, the ADA requirements applied to facilities of public accommodations designed and constructed for first occupancy after January 26, 1993—-eighteen months after the ADA Standards were published by the Department. See 28 CFR 36.401(a).Show citation box

The Department is considering an effective date of six months after the publication of the final rule for newly created Web sites or pages, i.e., those that have been placed online for the first time six months after the publication of the final rule. Under such a proposal, newly created or completely redesigned Web sites will have to come into total compliance with any Web access requirements adopted by the Department. New pages on existing Web sites would need to comply with the Web access requirements to the maximum extent feasible. The Department is considering this provision for new pages on existing Web sites because the Department recognizes that certain features on existing Web sites—such as navigation components or use of integrated Web technology with limited capacity for accessibility—cannot be completely altered or replaced without a complete redesign of the entire site. For this reason, the Department is considering requiring new pages on existing Web sites to comply with the accessibility requirements to the maximum extent feasible. The Department recognizes, however, that in some cases this may result in incomplete accessibility of new pages. For existing Web sites or pages, the Department is considering having the Web site access requirement apply two years after the date of publication of the final rule. The Department is considering this period of time for existing Web sites because it recognizes that many Web sites have hundreds (and some thousands) of pages that will need to be made accessible.Show citation box

Question 9. The Department seeks comment on the proposed time frames for compliance. Are the proposed effective dates for the regulations reasonable or should the Department adopt shorter or longer periods for compliance? Please provide as much detail as possible in support of your view.

For existing web sites or pages, there should be a definite timeline for compliance. There are a variety of opinions on the length of that timeline, but on average the group believes that the two year time frame is acceptable.

For newly created web sites or pages, the group feels the six month time frame is acceptable, if not ideal.

Covered sites created after the effective date of regulation should be in compliance upon pubic deployment.

Question 10. The Department seeks comment regarding whether such a requirement would cause some businesses to remove older material rather than change the content into an accessible format. Should the Department adopt a safe harbor for such content so long as it is not updated or modified?

A "Safe Harbor" for existing web sites should only be granted under extraordinary conditions. These sites should be little used and only useful to a small group. These safe harbor sites should be expected to comply within a reasonable period of time, perhaps 3-4 years.

Question 11. Should the Department take an incremental approach in adopting accessibility regulations applicable to Web sites and adopt a different effective date for covered entities based on certain criteria? For instance, should the Department's regulation initially apply to entities of a certain size (e.g., entities with 15 or more employees or earning a certain amount of revenue) or certain categories of entities (e.g., retail Web sites)? Please provide as much detail and information as possible in support of your view.

We believe an incremental approach is warranted in some circumstances. In general, we recommend that timelines for full implementation not extend beyond two years from the effective date of regulation. We recommend the following:

• • Upon the effective date of the regulation, all newly authored web pages/web applications, regardless of the entity, should be in compliance at the time the page/application is deployed.

  • Entities which provide services that are essential for independence, such as banking institutions, public utilities, and health care service entities, should also be expected to comply immediately upon the effective date of regulation.

  • Public services, including those that fall within categories 6, 7, 8,10, and 11 (see ADA categories, below), should comply fully within one year.

  • For the remaining covered entities, the DOJ should base timelines for implementation on the uniqueness, size, and revenue of the entity (see also our response to Question 5, regarding scope). If an entity is the only available provider in a region (unique), it should be expected to comply within one year of the effective date of regulation. In the case of multiple providers within a region, larger entities (entities with more than 15 employees or annual revenue exceeding $500,000) should comply within one year and smaller entities within two years.

ADA public service categories:

• 1. An inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor;

  2. A restaurant, bar, or other establishment serving food or drink;

  3. A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

  4. An auditorium, convention center, lecture hall, or other place of public gathering;

  5. A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

  6. A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

  7. A terminal, depot, or other station used for specified public transportation;

  8. A museum, library, gallery, or other place of public display or collection;

  9. A park, zoo, amusement park, or other place of recreation;

  10. A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

  11. A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and

  12. A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.