2022 California Standards for Accessible Design Guide (effective January 1, 2023)

11B-202.3 Alterations.

Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Division 2, including Section 11B-202.4.

[2010 ADA Standards] 202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.

Advisory 11B-202.3 Alterations. Although covered entities are permitted to limit the scope of an alteration to individual elements, the alteration of multiple elements within a room or space may provide a cost-effective opportunity to make the entire room or space accessible. Any elements or spaces of the building or facility that are required to comply with these requirements must be made accessible within the scope of the alteration, to the maximum extent feasible. If providing accessibility in compliance with these requirements for people with one type of disability (e.g., people who use wheelchairs) is not feasible, accessibility must still be provided in compliance with the requirements for people with other types of disabilities (e.g., people who have hearing impairments or who have vision impairments) to the extent that such accessibility is feasible. ◼

Advisory 11B-202.3 Alterations (seismic strengthening). In Legal Opinion No. 94-1109, dated May 10, 1995, the Attorney General for the State of California concluded that seismic strengthening work in an existing building constitutes a “building alteration, structural repair or addition” for purposes of providing access to the building for persons with disabilities.

In existing buildings or facilities, if seismic strengthening or upgrade work does not alter the primary use or function of the building or facility and/or does not alter the design of specific rooms or spaces, then the requirement for an accessible path of travel to the area of specific alteration does not apply. However, an accessible primary entrance, toilet and bathing facilities, drinking fountains, signs and public telephones, as well as an accessible route connecting these elements must be provided.

In existing buildings or facilities, when the primary use or function of the building or facility and/or design of specific rooms or spaces are altered, the seismic strengthening or upgrade work must comply with all applicable accessibility regulations for new construction. In addition, an accessible primary entrance to the building or facility and path of travel to the specific area of alteration, including toilet and bathing facilities, drinking fountains, signs, and public telephones serving the area must be provided. ◼

Advisory 11B-202.3 Alterations (fire damage repair). 

US Department of Justice technical assistance letter #772, dated August 26, 1998, indicates reconstruction after a fire is considered an alteration. Chapter 2, Section 202 defines alteration as “…a change, addition or modification in construction, change in occupancy or use, or structural repair to an existing building or facility. …” Reroofing, painting or wallpapering, or changes to mechanical and electrical systems are generally not considered to be alterations.

When the damage caused by a fire is minor and can be corrected by cleaning, re-painting or re-wallpapering, accessibility provisions based on alterations are not triggered. The accessibility requirements of Section 11B-202.3 would apply where alterations are made in the fire damaged area, for example, if wall or roof structures are being reconstructed or repaired. These requirements include: (1) reconstruction work in the specific area of fire damage that complies with all applicable accessibility provisions for new construction and (2) the obligation to provide an accessible primary entrance to the building or facility and primary path of travel to the specific area of alteration, including toilet and bathing facilities, drinking fountains, signs, and public telephones that serve the area. ◼

Advisory 11B-202.3 Alterations (pre-existing conditions). Code changes to the California Building Code do not generally “trigger” the requirement to comply with the current code in existing buildings unless the building or facility is undergoing alteration. ◼

Exceptions:

1. Reserved.

[2010 ADA Standards] 1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.

2. Technically infeasible. In alterations, where the enforcing authority determines compliance with applicable requirements is technically infeasible, the alteration shall provide equivalent facilitation or comply with the requirements to the maximum extent feasible. The details of the finding that full compliance with the requirements is technically infeasible shall be recorded and entered into the files of the enforcing agency.

[2010 ADA Standards] 2. In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible.

3. Residential dwelling units not required to be accessible in compliance with this code shall not be required to comply with 11B-202.3.

[2010 ADA Standards] 3. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with 202.3.

[ADA Title II] §35.151(b) New Construction and Alterations; Alterations.

1. Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992.

[ADA Title III] §36.402(a) Alterations; General.

1. Any alteration to a place of public accommodation or a commercial facility, after January 26, 1992, shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

2. An alteration is deemed to be undertaken after January 26, 1992, if the physical alteration of the property begins after that date.

11B-202.3.1 Prohibited reduction in access.

An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited.

[ADA Title II] §35.133 Maintenance of accessible features.

c. If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.

[ADA Title III] §36.211 Maintenance of accessible features.

c. If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.

11B-202.3.2 Extent of application.

An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction.

11B-202.3.3 Alteration of single elements.

If alterations of single elements, when considered together, amount to an alteration of a room or space in a building or facility, the entire room or space shall be made accessible.