2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-202.4 Path of travel requirements in alterations, additions and structural repairs.
When alterations or additions are made to existing buildings or facilities, an accessible path of travel to the specific area of alteration or addition shall be provided. The primary accessible path of travel shall include:
ETA Editor's Note
CBC Chapter 11B does not apply the same qualification as ADA for imposing the responsibility to make the path of travel to an addition or alteration accessible, implying that existing barriers to accessibility must be mitigated, subject to codified hardship and/or safe harbor limitations. ADA imposes the responsibility when an alteration or addition to a public accommodation or commercial facility includes or affects an area containing a primary function. Lacking this qualification, the CBC Chapter 11B scoping is more inclusive. However, the CBC scoping is interpreted and enforced by Local Building Officials and other Authorities Having Jurisdiction, whereas the ADA scoping is not. Therefore, in cases where the CBC scoping for mitigation of existing path of travel barriers as part of a building alteration or addition is not enforced, or is enforced to a lesser degree than the ADA obligation would require, the ADA obligation remains in effect, if the alteration or addition meets the ADA primary function qualification.
It is also important to note that ADA Title III imposes a perpetual obligation for public accommodations to mitigate existing barriers to the extent readily achievable, not merely limited to those on an accessible path of travel, and not tied to other alterations or additions.
In order to mitigate existing barriers, it is first necessary to identify them. The subject of who is responsible for doing this is not addressed directly by CBC or ADA, and it is perhaps the most common failing for public accommodations. Design professionals frequently note "Existing Accessible Parking," "Existing Accessible Toilets," and similar, which Authorities Having Jurisdiction take to imply that they are compliant. The failure to mitigate existing barriers that are overlooked by this practice can be, and frequently is, an ADA violation. It is also inconsistent with the intent of CBC Chapter 11B.
The ADA path of travel requirements are included in this Pocket Guide following those of CBC Section 11B-202.4.
1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs.
Exceptions:
1. Residential dwelling units shall comply with Section 11B-233.3.4.2.
2. If the following elements of a path of travel have been constructed or altered in compliance with the accessibility requirements of the immediately preceding edition of the California Building Code, it shall not be required to retrofit such elements to reflect the incremental changes in this code solely because of an alteration to an area served by those elements of the path of travel:
1. A primary entrance to the building or facility,
2. Toilet and bathing facilities serving the area,
3. Drinking fountains serving the area,
4. Public telephones serving the area, and
5. Signs.
Note: The language in this exception which refers to the “immediately preceding edition of the California Building Code,” shall permit a reference back to one CBC edition only and is not accumulative to prior editions.
The language in this exception which refers to the “immediately preceding edition of the California Building Code,” permits a reference back to one CBC edition only and is not accumulative to prior editions. It is not appropriate to misconstrue the language of the immediately preceding edition to allow additional reference back to earlier editions. ◼
3. Additions or alterations to meet accessibility requirements consisting of one or more of the following items shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4:
1. Altering one building entrance.
2. Altering one existing toilet facility.
3. Altering existing elevators.
4. Altering existing steps.
5. Altering existing handrails.
4. Alterations solely for the purpose of barrier removal undertaken pursuant to the requirements of the Americans with Disabilities Act (Public Law 101-336, 28 C.F.R., Section 36.304) or the accessibility requirements of this code as those requirements or regulations now exist or are hereafter amended including, but not limited to, one or more of the following items shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4:
1. Installing ramps.
2. Making curb cuts in sidewalks and entrance.
3. Repositioning shelves.
4. Rearranging tables, chairs, vending machines, display racks, and other furniture.
5. Repositioning telephones.
6. Adding raised markings on elevator control buttons.
7. Installing flashing alarm lights.
8. Widening doors.
9. Installing offset hinges to widen doorways.
10. Eliminating a turnstile or providing an alternative accessible route.
11. Installing accessible door hardware.
12. Installing grab bars in toilet stalls.
13. Rearranging toilet partitions to increase maneuvering space.
14. Insulating lavatory pipes under sinks to prevent burns.
15. Installing a raised toilet seat.
16. Installing a full-length bathroom mirror.
17. Repositioning the paper towel dispenser in a bathroom.
18. Creating designated accessible parking spaces.
19. Removing high-pile, low-density carpeting.
5. Alterations of existing parking lots by resurfacing and/or restriping shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4.
6. The addition or replacement of signs and/or identification devices shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4.
7. Projects consisting only of heating, ventilation, air conditioning, reroofing, electrical work not involving placement of switches and receptacles, cosmetic work that does not affect items regulated by this code, such as painting, equipment not considered to be a part of the architecture of the building or area, such as computer terminals and office equipment shall not be required to comply with Section 11B-202.4. unless they affect the usability of the building or facility.
8. When the adjusted construction cost, as defined, is less than or equal to the current valuation threshold, as defined, the cost of compliance with Section 11B-202.4 shall be limited to 20 percent of the adjusted construction cost of alterations, structural repairs or additions. When the cost of full compliance with Section 11B-202.4 would exceed 20 percent, compliance shall be provided to the greatest extent possible without exceeding 20 percent.
When the adjusted construction cost, as defined, exceeds the current valuation threshold, as defined, and the enforcing agency determines the cost of compliance with Section 11B-202.4 is an unreasonable hardship, as defined, full compliance with Section 11B-202.4 shall not be required. Compliance shall be provided by equivalent facilitation or to the greatest extent possible without creating an unreasonable hardship; but in no case shall the cost of compliance be less than 20 percent of the adjusted construction cost of alterations, structural repairs or additions. The details of the finding of unreasonable hardship shall be recorded and entered into the files of the enforcing agency and shall be subject to Chapter 1, Section 1.9.1.5, Special Conditions for Persons with Disabilities Requiring Appeals Action Ratification.
For the purposes of this exception, the adjusted construction cost of alterations, structural repairs or additions shall not include the cost of alterations to path of travel elements required to comply with Section 11B-202.4.
In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access in the following order:
1. An accessible entrance;
2. An accessible route to the altered area;
3. At least one accessible restroom for each sex or one accessible unisex (single-user or family) restroom;
4. Accessible telephones;
5. Accessible drinking fountains; and
6. When possible, additional accessible elements such as parking, signs, storage and alarms.
If an area has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area or a different area on the same path of travel are undertaken within three years of the original alteration, the total cost of alterations to the areas on that path of travel during the preceding three-year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.
9. Certain types of privately funded, multistory buildings and facilities were formerly exempt from accessibility requirements above and below the first floor under this code, but as of, April 1, 1994, are no longer exempt due to more restrictive provisions in the federal Americans with Disabilities Act. In alteration projects involving buildings and facilities previously approved and built without elevators, areas above and below the ground floor are subject to the 20-percent disproportionality provisions described in Exception 8, above, even if the value of the project exceeds the valuation threshold in Exception 8. The types of buildings and facilities are:
1. Office buildings and passenger vehicle service stations of three stories or more and 3,000 or more square feet (279 m2) per floor.
2. Offices of physicians and surgeons.
3. Shopping centers.
4. Other buildings and facilities three stories or more and 3,000 or more square feet (279 m2) per floor if a reasonable portion of services sought and used by the public is available on the accessible level.
For the general privately funded multistory building exception applicable to new construction and alterations, see Section 11B-206.2.3, Exception 1.
The elevator exception set forth in this section does not obviate or limit in any way the obligation to comply with the other accessibility requirements in this code. For example, floors above or below the accessible ground floor must meet the requirements of this section except for elevator service. If toilet or bathing facilities are provided on a level not served by an elevator, then toilet or bathing facilities must be provided on the accessible ground floor.
10. Alterations solely for the purpose of installing electric vehicle charging stations (EVCS) at facilities where vehicle fueling, recharging, parking or storage is a primary function shall comply with Section 11B-202.4 to the maximum extent feasible without exceeding 20 percent of the cost of the work directly associated with the installation of EVCS.
Alterations solely for the purpose of installing EVCS at facilities where vehicle fueling, recharging, parking or storage is not a primary function shall not be required to comply with Section 11B-202.4.
ETA Editor's Note
Exception 10 at Section 11B-202.4 is new as of 2016 CBC. While ADA has definitions for "primary function" and "to the maximum extent feasible," CBC does not.
[2010 ADAS] 202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General. In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General.
EXCEPTION: Residential dwelling units shall not be required to comply with 202.4.
ETA Editor's Note
Per ADA Title II, §35.151(b)(4)(i)(B), and ADA Title III, §36.403(c)(2), alterations to windows, hardware, controls, electrical outlets and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function.
[ADA Title II] §35.151(b)(4) New Construction and Alterations; Alterations; Path of Travel
(ii)(C) Safe harbor. If a public entity has constructed or altered required elements of a path of travel in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standards before March 15, 2012, the public entity is not required to retrofit such elements to reflect incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel.
[ADA Title III] §36.403 Alterations: Path of travel.
(a) General.
(2) If a private entity has constructed or altered required elements of a path of travel at a place of public accommodation or commercial facility in accordance with the specifications in the 1991 Standards, the private entity is not required to retrofit such elements to reflect the incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel.
(c) Alterations to an area containing a primary function.
(1) Alterations that affect the usability of or access to an area containing a primary function include but are not limited to:
(i) Remodeling merchandise display areas or employee work areas in a department store;
(ii) Replacing an inaccessible floor surface in the customer service or employee work areas of a bank;
(iii) Redesigning the assembly line area of a factory; or
(iv) Installing a computer center in an accounting firm.
(d) Landlord/tenant: If a tenant is making alterations as defined in §36.402 that would trigger the requirements of this section, those alterations by the tenant in areas that only the tenant occupies do not trigger a path of travel obligation upon the landlord with respect to areas of the facility under the landlord´s authority, if those areas are not otherwise being altered.
[ADA Title II] §35.151(b) New Construction and Alterations; Alterations.
(2) The path of travel requirements of §35.151(b)(4) shall apply only to alterations undertaken solely for purposes other than to meet the program accessibility requirements of §35.150.
[ADA Title III] §36.304(d) Removal of Barriers; Relationship to alterations requirements of subpart D of this part.
(1) . . . The path of travel requirements of §36.403 shall not apply to measures taken solely to comply with the barrier removal requirements of this section.
[ADA Title II] §35.151(b)(4)(iii) New Construction and Alterations; Alterations; . . . Disproportionality.
[ADA Title III] §36.403(f) Alterations: Path of Travel; Disproportionality. _|subsections below are numbered per §36.403(f)|_
(1) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.
(2) Costs that may be counted as expenditures required to provide an accessible path of travel may include:
(i) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;
(ii) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;
(iii) Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY);
(iv) Costs associated with relocating an inaccessible drinking fountain.
[ADA Title II] §35.151(b)(4)(iv) New Construction and Alterations; Alterations; . . . Duty to provide accessible features in the event of disproportionality.
[ADA Title III] §36.403(g) Alterations: Path of Travel; Duty to provide accessible features in the event of disproportionality _|subsections below are numbered per §36.403(g)|_.
(1) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.
(2) In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:
(i) An accessible entrance;
(ii) An accessible route to the altered area;
(iii) At least one accessible restroom for each sex or a single unisex restroom;
(iv) Accessible telephones;
(v) Accessible drinking fountains; and
(vi) When possible, additional accessible elements such as parking, storage, and alarms.
[ADA Title II] §35.151(b)(4)(v) New Construction and Alterations; Alterations; ... Series of smaller alterations.
(A) The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.
(1) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.
(2) Only alterations undertaken on or after March 15, 2011 shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations.
[ADA Title III] §36.403(h) Alterations: Path of Travel; Series of smaller alterations.
(1) The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.
(i) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.
(ii) Only alterations undertaken after January 26, 1992, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations.
[2010 ADAS] Advisory 202.4 Alterations Affecting Primary Function Areas. An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. Department of Justice ADA regulations state, "Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area." (28 CFR 36.403 (f)(1)). See also Department of Transportation ADA regulations, which use similar concepts in the context of public sector transportation facilities (49 CFR 37.43 (e)(1)).
There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. For example, both a bank lobby and the bank's employee areas such as the teller areas and walk-in safe are primary function areas. Also, mixed use facilities may include numerous primary function areas for each use. Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, or restrooms.
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