U.S. Code » Title 42 » Chapter CHAPTER 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER II— PUBLIC SERVICES › Part Part B— Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory › Subpart subpart i— public transportation other than by aircraft or certain rail operations

42 U.S.C. § 12150

Interim accessibility requirements

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If final regulations have not been issued pursuant to section 12149 of this title, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 12146 and 12147 of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.

Notes of Decisions
Cited in 2 cases, 2009–2009 · leading case: George v. Bay Area Rapid Transit, 577 F.3d 1005 (9th Cir. 2009).
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George v. Bay Area Rapid Transit, 577 F.3d 1005 (9th Cir. 2009). “In support of its position, BART notes that 42 U.S.C. § 12150 provides a similar safe harbor, stating that compliance with existing federal accessibility standards in construction completed after the passage of the ADA but before DOT regulations were issued “shall suffice to…”
George v. Bart (9th Cir. 2009). “In support of its position, BART notes that 42 U.S.C. § 12150 provides a similar safe harbor, stating that compliance with existing federal accessibility standards in construction completed after the passage of the ADA but before DOT regulations were issued “shall suffice to…”
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