public-service · ADA maintenance of accessible features
ADA Rule on Maintaining Accessible Features
What 28 CFR 36.211 and 35.133 say about keeping accessible features working, temporary maintenance interruptions, and reduced element counts.
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Updated: Sources: 2
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What matters now
- Public accommodations must keep required accessible features "in operable working condition" under 28 CFR 36.211.
- Public entities carry the same maintenance duty under 28 CFR 35.133.
- Both rules state they do not prohibit "isolated or temporary interruptions in service or access due to maintenance or repairs."
- Both rules permit reducing technical requirements or the number of required accessible elements where the 2010 Standards call for fewer than the 1991 Standards did.
Two federal regulations require covered facilities to keep accessible features in operable working condition: 28 CFR 36.211 for public accommodations and 28 CFR 35.133 for public entities.
Neither rule bans every isolated or temporary interruption caused by maintenance or repairs, and both allow certain accessible-element counts to drop if the 2010 ADA Standards require fewer than the 1991 Standards did.
This original record-reading guide is a general reading aid, not cited evidence. It does not depict a source record; the article text and source links provide the facts.
Key points
- Public accommodations must keep required accessible features “in operable working condition” under 28 CFR 36.211.
- Public entities carry the same maintenance duty under 28 CFR 35.133.
- Both rules state they do not prohibit “isolated or temporary interruptions in service or access due to maintenance or repairs” (28 CFR 36.211; 28 CFR 35.133).
- Both rules permit reducing technical requirements or the number of required accessible elements where the 2010 Standards call for fewer than the 1991 Standards did (28 CFR 36.211; 28 CFR 35.133).
Title III’s maintenance duty
Title III’s maintenance-of-accessible-features rule states: “A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.” (28 CFR 36.211)
Title II’s maintenance duty
Title II’s parallel provision uses the same operative language for state and local government entities: “A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.” (28 CFR 35.133)
The maintenance-and-repair exception
Both sections include the identical carve-out for short-term outages tied to upkeep. Title III’s text: “This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.” (28 CFR 36.211) Title II’s text is worded the same way: “This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.” (28 CFR 35.133)
The regulatory text does not itself decide how these general terms apply to any specific situation. It does not determine whether any particular outage or interruption at a specific facility counts as “isolated or temporary,” and it does not determine whether a given feature was “required to be readily accessible” in the first place — both are fact-specific determinations the text leaves open.
When accessible-element counts may be reduced
Both regulations also address facilities transitioning between design standards. Title III’s text: “If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.” (28 CFR 36.211) Title II’s text states the same rule: “If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.” (28 CFR 35.133)
Neither provision states what any individual is owed under this rule in their own circumstances, and neither offers guidance on remedial steps or a complaint process for a specific broken accessible feature; readers with a specific accessibility problem should consult the full regulatory text and appropriate legal or advocacy resources.
Regulatory history noted in the text
Beyond the operative rule, each section’s eCFR entry also carries its own amendment history. Title III’s citation reads: “[Order No. 1513-91, 56 FR 35592, July 26, 1991, as amended by AG Order No. 3181-2010, 75 FR 56251, Sept. 15, 2010]” (28 CFR 36.211). Title II’s citation reads: “[56 FR 35716, July 26, 1991, as amended by Order No. 1694-93, 58 FR 17521, Apr. 5, 1993; AG Order No. 3180-2010, 75 FR 56178, Sept. 15, 2010]” (28 CFR 35.133).