F202 Existing Buildings and Facilities

F202.1 General.

Additions and alterations to existing buildings or facilities, including leased buildings or facilities, shall comply with F202.

F202.2 Additions.

Each addition to an existing building or facility shall comply with the requirements for new construction.

At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to an accessible entrance serving the addition. If the only accessible entrances serving the addition are provided in the existing building or facility, the accessible route shall connect at least one existing entrance to all accessible spaces and elements within the addition. In addition, elements and spaces specified in F202.2.2 through F202.2.5 shall be on an accessible route.

F202.2.2 Entrance.

Where an entrance is not provided in an addition, at least one entrance in the existing building or facility shall comply with F206.4 and shall serve the addition.

F202.2.3 Toilet and Bathing Facilities.

Where toilet facilities and bathing facilities are not provided in an addition but are provided in the existing building or facility to serve the addition, the toilet facilities and bathing facilities shall comply with F202.2.3.

EXCEPTION: In alterations to areas serving additions where it is technically infeasible to comply with 603, altering existing toilet or bathing rooms is not required where a single unisex toilet room or bathing room complying with F213.2.1 is provided to serve the addition.

F202.2.3.1 Existing Toilet Facility.

Where existing toilet facilities are provided in the existing building or facility, at least one toilet facility for men and at least one toilet facility for women shall comply with F213.2 and F213.3 and shall serve the addition.

EXCEPTION: Where only one toilet facility is provided in the existing building or facility, one toilet facility shall comply with F213.2 and F213.3 and shall serve the addition.

F202.2.3.2 Existing Bathing Facility.

Where existing bathing facilities are provided in the existing building or facility, at least one bathing facility for men and at least one bathing facility for women shall comply with F213.2 and F213.3 and shall serve the addition.

EXCEPTION: Where only one bathing facility is provided in the existing building or facility, one bathing facility shall comply with F213.2 and F213.3 and shall serve the addition.

F202.2.4 Public Telephone.

Where a public telephone is not provided in an addition but is provided in the existing building or facility to serve the addition, at least one public telephone in the existing building or facility shall comply with F217.

F202.2.5 Drinking Fountain.

Where a drinking fountain is not provided in an addition but is provided in the existing building or facility to serve the addition, at least one drinking fountain in the existing building or facility shall comply with 602.1 through 602.6.

F202.3 Alterations.

Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.

EXCEPTIONS: 1. Unless required by F202.4, 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. 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 a standard issued pursuant to the Architectural Barriers Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with F202.3.

4. Where elements or spaces are altered in camping facilities, picnic facilities, viewing areas, or trailheads and the circulation path to the altered element or space is not altered, the circulation path shall not be required to comply with 1016.

Advisory F202.3 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.

F202.3.1 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.

F202.3.2 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.

F202.4 Alterations Affecting Primary Function Areas.

In addition to the requirements of F202.3, 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 Administrator of the General Services Administration, the Secretary of Defense, the Secretary of Housing and Urban Development, or the United States Postal Service.

EXCEPTIONS: 1. Residential dwelling units shall not be required to comply with F202.4.

2. Camping facilities, picnic facilities, viewing areas, trailheads, trails, and beach access routes shall not be required to comply with F202.4.

Advisory F202.4 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. 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.

41 CFR, Chapter 102, Subchapter C, Part 102-76, Subpart C—Architectural Barriers Act

Sec. 102-76.70. When are the costs of alterations to provide an accessible path of travel to an altered area containing a primary function disproportionate to the costs of the overall alterations for facilities subject to the standards in Sec. 102-76.65(a)? For facilities subject to the standards in Sec. 102-76.65(a), the costs of alterations to provide an accessible path of travel to an altered area containing a primary function are disproportionate to the costs of the overall alterations when they exceed 20 percent of the costs of the alterations to the primary function area. If a series of small alterations are made to areas containing a primary function and the costs of any of the alterations considered individually would not result in providing an accessible path of travel to the altered areas, the total costs of the alterations made within the three year period after the initial alteration must be considered when determining whether the costs of alterations to provide an accessible path of travel to the altered areas are disproportionate. Facilities for which new leases are entered into must comply with F202.6 of the Architectural Barriers Act Accessibility Standard without regard to whether the costs of alterations to comply with F202.6 are disproportionate to the costs of the overall alterations.

Sec. 102-76.75. What costs are included in the costs of alterations to provide an accessible path of travel to an altered area containing a primary function for facilities subject to the standards in Sec. 102-76.65(a)? For facilities subject to the standards in Sec. 102-76.65(a), the costs of alterations to provide an accessible path of travel to an altered area containing a primary function include the costs associated with--

(a) Providing an accessible route to connect the altered area and site arrival points, including but not limited to interior and exterior ramps, elevators and lifts, and curb ramps;

(b) Making entrances serving the altered area accessible, including but not limited to widening doorways and installing accessible hardware;

(c) Making restrooms serving the altered area accessible, including, but not limited to, enlarging toilet stalls, installing grab bars and accessible faucet controls, and insulating pipes under lavatories;

(d) Making public telephones serving the altered area accessible, including, but not limited to, placing telephones at an accessible height, and installing amplification devices and TTYs;

(e) Making drinking fountains serving the altered area accessible; and

(f) Making parking spaces serving the altered area accessible.

Sec. 102-76.80. What is required if the costs of alterations to provide an accessible path of travel to an altered area containing a primary function are disproportionate to the costs of the overall alterations for facilities subject to the standards in Sec. 102-76.65(a)? For facilities subject to the standards in Sec. 102-76.65(a), if the costs of alterations to provide an accessible path of travel to an altered area containing a primary function are disproportionate to the costs of the overall alterations, the path of travel must be made accessible to the extent possible without exceeding 20 percent of the costs of the alterations to the primary function area. Priority should be given to those elements that will provide the greatest access in the following order:

(a) An accessible route and an accessible entrance;

(b) At least one accessible restroom for each sex or a single unisex restroom;

(d) Accessible drinking fountains; and

(e) Accessible parking spaces.

Sec. 102-76.85. What is a primary function area for purposes of providing an accessible route in leased facilities subject to the standards in Sec. 102-76.65(a)? For purposes of providing an accessible route in leased facilities subject to the standards in Sec. 102-76.65(a), a primary function area is an area that contains a major activity for which the leased facility is intended. Primary function areas include areas where services are provided to customers or the public, and offices and other work areas in which the activities of the Federal agency using the leased facility are carried out.

F202.5 Alterations to Qualified Historic Buildings and Facilities.

F202.5 Alterations to Qualified Historic Buildings and Facilities. Alterations to a qualified historic building or facility shall comply with F202.3 and F202.4.

EXCEPTION: Where the State Historic Preservation Officer or Advisory Council on Historic Preservation determines that compliance with the requirements for accessible routes, entrances, or toilet facilities would threaten or destroy the historic significance of the building or facility, the exceptions for alterations to qualified historic buildings or facilities for that element shall be permitted to apply.

Advisory F202.5 Alterations to Qualified Historic Buildings and Facilities Exception. Section 106 of the National Historic Preservation Act requires that a Federal agency with jurisdiction over a proposed Federal or federally assisted undertaking consider the effect of the action on buildings and facilities listed in or eligible for listing in the National Register of Historic Places prior to approving the expenditure of any Federal funds. The Advisory Council on Historic Preservation has established procedures for Federal agencies to meet this statutory responsibility. See 36 CFR Part 800. The procedures require Federal agencies to consult with the State Historic Preservation Officer, and provide for involvement by the Advisory Council on Historic Preservation in certain cases. There are exceptions for alterations to qualified historic buildings and facilities for accessible routes (F206.2.1 Exception 1 and F206.2.3 Exception 6); entrances (F206.4 Exception 2); and toilet facilities (F213.2 Exception 2). These exceptions apply only when the State Historic Preservation Officer or the Advisory Council on Historic Preservation agrees that compliance with requirements for the specific element would threaten or destroy the historic significance of the building or facility.

The AccessAbility Office at the National Endowment for the Arts (NEA) provides a variety of resources for museum operators and historic properties including the Design for Accessibility Guide and the Disability Symbols. Contact NEA about these and other resources at 202-682-5532 or http://www.arts.gov.

F202.6 Leases.

Buildings or facilities for which new leases are negotiated by the Federal government after the effective date of the revised standards issued pursuant to the Architectural Barriers Act, including new leases for buildings or facilities previously occupied by the Federal government, shall comply with F202.6.

EXCEPTIONS: 1. Buildings or facilities leased for use by officials servicing disasters on a temporary, emergency basis shall not be required to comply with F202.6.

2. Buildings or facilities leased for 12 months or less shall not be required to comply with F202.6 provided that the lease may not be extended or renewed.

F202.6.1 Joint use Areas.

Joint use areas serving the leased space shall comply with F202.6.

EXCEPTION: Alterations and additions to joint use areas serving the leased space shall not be required to comply with F202.2, F202.3, and F202.5 provided that the alterations are not undertaken by or on behalf of the Federal government.

Advisory F202.6.1 Joint use Areas Exception. When negotiating a lease, ensure that joint use areas are accessible. Inaccessible joint use areas may prevent access to and from leased space.

F202.6.2 Accessible Route.

Primary function areas, as defined by Administrator of the General Services Administration, the Secretary of Defense, the Secretary of Housing and Urban Development, and the United States Postal Service, shall be served by at least one accessible route complying with F206. Elements and spaces required to be accessible by F202.6 shall be on an accessible route complying with F206.

EXCEPTION: Fire alarms required by F202.6.5.2 and assistive listening systems required by F202.6.5.5 shall not be required to be on an accessible route.

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