public-service · 1991 ADA Standards location in federal law
Where the 1991 ADA Standards Live in Federal Law Today
The 1991 ADA Standards now sit as CFR Appendix D. DOJ's own downloadable PDF is a 1994 CFR reprint, not the 1991 original.
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Updated: Sources: 5
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What matters now
- 28 CFR Part 36 codifies the 1991 ADA Standards as Appendix D.
- 28 CFR 36.104 and 35.104 both define the 1991 Standards as republished in that appendix.
- DOJ's downloadable 1991 Standards PDF is labeled Revised as of July 1, 1994, a later CFR printing.
- The 1991 Standards applied until March 14, 2012, before the 2010 Standards took effect March 15, 2012.
- The eCFR appendix heading itself dates the original text to July 26, 1991.
The 1991 ADA Standards for Accessible Design are not a standalone document in current federal law — they were republished as Appendix D to the Title 28 accessibility regulations, and the version DOJ currently offers for download is itself a 1994 reprint of that appendix, not the original 1991 Federal Register text.
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
- The current eCFR heading for the appendix reads “Appendix D to Part 36—1991 Standards for Accessible Design as Originally Published on July 26, 1991.” (eCFR, Title 28, Part 36)
- 28 CFR 36.104 defines “1991 Standards” as the standards “originally published on July 26, 1991, and republished as Appendix D to this part.” (eCFR, 28 CFR 36.104)
- 28 CFR 35.104 cross-references the identical text, describing it as “republished as Appendix D to 28 CFR part 36.” (eCFR, 28 CFR 35.104)
- DOJ’s own downloadable PDF of the 1991 Standards is labeled “28 CFR Part 36,” “Revised as of July 1, 1994” — a later CFR reprint, not the July 1991 original. (DOJ, 1991 ADA Standards PDF)
- The same PDF states the 1991 Standards applied “for new construction and alterations until March 14, 2012,” before the 2010 Standards took effect on March 15, 2012. (DOJ, 1991 ADA Standards PDF)
Appendix D’s Place in the CFR
The 1991 Standards are not floating loose in federal law — they are a codified appendix inside the Title 28 accessibility regulations. The eCFR’s Part 36 page carries this exact section heading:
“Appendix D to Part 36—1991 Standards for Accessible Design as Originally Published on July 26, 1991” (eCFR, Title 28, Part 36)
That heading is not just a filing label. It is echoed in the regulatory text itself. 28 CFR 36.104 defines the term this way:
“1991 Standards means requirements set forth in the ADA Standards for Accessible Design, originally published on July 26, 1991, and republished as Appendix D to this part” (eCFR, 28 CFR 36.104)
The parallel Title II regulation points to the same appendix rather than restating it. 28 CFR 35.104 cross-references the standards as having been:
“republished as Appendix D to 28 CFR part 36” (eCFR, 28 CFR 35.104)
So under current federal law, “the 1991 Standards” means one specific codified text: Appendix D to 28 CFR Part 36.
DOJ’s PDF: A 1994 Reprint
DOJ makes a PDF of the 1991 Standards available for download. That PDF is not a reprint of the original July 26, 1991 Federal Register notice — it is a later Code of Federal Regulations printing. The document identifies itself as:
“28 CFR Part 36” … “Revised as of July 1, 1994” (DOJ, 1991 ADA Standards PDF)
Its running headers carry the same dating, showing the page as part of the annual CFR revision cycle rather than the original rulemaking:
“28 CFR Ch. I (7-1-94 Edition)” (DOJ, 1991 ADA Standards PDF)
This article only establishes where the 1991 Standards currently sit in federal law and what edition DOJ’s own PDF reprints — it does not compare the two printings line by line, and it does not say whether the July 1, 1994 CFR-revision text differs in any respect from the original July 26, 1991 Federal Register publication.
When the 1991 Standards stopped applying
DOJ’s own cover note on that same PDF states the standards’ effective window and what replaced them:
“The 1991 Standards were in effect for new construction and alterations until March 14, 2012. The Department’s 2010 ADA Standards for Accessible Design were published September 15, 2010 and became effective on March 15, 2012.” (DOJ, 1991 ADA Standards PDF)
This article does not identify which of the two printings any specific building, alteration, or built element was designed against, and it makes no finding about whether any particular building or entity complies with either version of the standards. Readers who need to resolve those questions should consult DOJ’s design standards page directly.
Source links
https://www.ecfr.gov/current/title-28/part-36 https://www.ecfr.gov/current/title-28/section-36.104 https://www.ecfr.gov/current/title-28/section-35.104 https://www.ada.gov/assets/pdfs/1991-design-standards.pdf https://www.ada.gov/law-and-regs/design-standards/1991-design-standards/