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36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)

R202 Alterations and Elements Added to Existing Facilities

R202.1 General. Alterations and elements added to existing facilities shall comply with R202. Where elements are altered or added and the pedestrian circulation path to the altered or added elements is not altered, the pedestrian circulation path is not required to comply with R204.

Advisory R202.1 General. Where possible, added elements should be located on an existing pedestrian access route.

R202.2 Added Elements. Where elements are added to existing facilities, the added elements shall comply with the applicable requirements for new construction.

R202.3 Alterations. Where existing elements, spaces, or facilities are altered, each altered element, space, or facility within the scope of the project shall comply with the applicable requirements for new construction.

Advisory R202.3 Alterations. The alteration of multiple elements or spaces within a facility may provide a cost-effective opportunity to make the entire facility or a significant portion of the facility accessible.

R202.3.1 Existing Physical Constraints. Where existing physical constraints make it impracticable for altered elements, spaces, or facilities to fully comply with the requirements for new construction, compliance is required to the extent practicable within the scope of the project. Existing physical constraints include, but are not limited to, underlying terrain, right-of-way availability, underground structures, adjacent developed facilities, drainage, or the presence of a notable natural or historic feature.

R202.3.2 Transitional Segments. Transitional segments of pedestrian access routes shall connect to existing unaltered segments of pedestrian circulation paths and shall comply with R302 to the extent practicable.

R202.3.3 Reduction in Access Prohibited. An alteration shall not decrease or have the effect of decreasing the accessibility of a facility or an accessible connection to an adjacent building or site below the requirements for new construction in effect at the time of the alteration.

Advisory R202.3.3 Reduction in Access Prohibited. Sidewalk improvements that correct existing excessive cross slope should be carefully planned to avoid creating excessive slope in curb ramps or adding a step at existing building entrances. Solutions may include:

• Split sidewalks that serve building entrances and street or highway at separate levels;

• Sidewalks with greater cross slope along the curb and pedestrian access routes with lesser cross slope along building fronts;

• Pedestrian access routes along the curb and ramped entrances to buildings.

R202.3.4 Alterations to Qualified Historic Facilities. Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with a requirement would threaten or destroy historically significant features of a qualified historic facility, compliance shall be required to the extent that it does not threaten or destroy historically significant features of the facility.

Advisory R202.3.4 Alterations to Qualified Historic Facilities. Where there is a federal agency “undertaking”, as defined in 36 CFR 800.16 (y), the requirements in section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and 36 CFR part 800 apply. Location of a facility within an historic district by itself does not excuse compliance with the requirements in this document. The State Historic Preservation Officer or Advisory Council on Historic Preservation must determine that compliance would threaten or destroy historically significant features of the facility. Reproductions or replications of historic facilities are not qualified historic facilities.

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