R102 — Deviations From These Guidelines

R102.1 ADA-Covered Facilities and Equivalent Facilitation. The use of alternative designs, products, or technologies that result in substantially equivalent or greater accessibility and usability than the requirements in these guidelines shall be permitted for pedestrian facilities in the public right-of-way subject to the ADA. R102.2 ABA-Covered Facilities and Waivers or Modifications. Equivalent facilitation is not permitted for pedestrian facilities in the public right-of-way subject to the ABA. The ABA authorizes the Administrator of the General Services Administration, the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of Defense, and the United States Postal Service to modify or waive the accessibility standards for buildings and facilities covered by the ABA on a case-by-case basis, upon application made by the head of the department, agency, or instrumentality of the United States concerned and upon a determination that the waiver is clearly necessary. Pursuant to Section 502(b)(1) of the Rehabilitation Act of 1973, 29 U.S.C. 792(b), the Access Board shall ensure that modifications and waivers are based on findings of fact and are not inconsistent with the ABA.