On Sept. 15, 2011, the U.S. Department of Justice published the final regulations revising the Americans With Disabilities Act regulations, including its ADA Standards for Accessible Design.
These final rules took effect March 15, 2011. However, under a safe harbor clause, compliance with the new 2010 Standards for Accessible Design is not required for new construction and alterations until March 15, 2012, if implementing the upgrades would result in an undue financial burden.
The following helps to explain the timing of compliance for newly installed or altered ATMs:
|
Compliance Dates for New Construction and Alterations |
Applicable Standards |
|
On or after Jan. 26, 1993 and before Sept. 15, 2010 |
1991 Standards |
|
On or after Sept. 15, 2010, and before March 15, 2012 |
1991 Standards or 2010 Standards |
|
On or after March 15, 2012 |
2010 Standards |
The term "undue burden" means "significant difficulty or expense". In determining whether an action would result in an "undue burden", factors to be considered include:
- The nature and cost of the action needed under this part; and
- The overall financial resources of the credit union; the number of people employed by the credit union; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the ATM site.
A credit union should first consult with its ATM vendor to determine if its existing ATMs comply with the new communication-related specifications of the 2010 ADA Standards. If the existing ATMs do not comply, a credit union may be able to make the argument that upgrading an ATM would constitute an "undue burden".
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