Accessible Play Areas - A Summary of Accessibility Guidelines for Play Areas

15. When are "path of travel" obligations triggered?

Section 202.4 requires that if alterations are made to areas containing a primary function, an accessible "path of travel" must be provided to the altered area unless it is "disproportionate" to the overall alterations in terms of cost and scope as determined under criteria established by the Department of Justice. An accessible "path of travel" is a continuous route connecting the altered areas to an entrance and other elements (i.e., toilet rooms, drinking fountains, and public telephones) that serve the altered area. For example, an alteration is planned for a portion of an existing composite play structure. Alterations to any play components or structures in the play area would be considered a "primary function" since "play" is the primary function of the area. In this example, the "path of travel" obligation requires an accessible route to be provided from an exterior approach (e.g., sidewalks, street, parking area) to the portion of the composite play structure being altered, unless the cost is "disproportionate" to the overall alterations in terms of cost and scope.

Under the Department of Justice rules (28 C.F.R. 36.403), the cost of providing an accessible "path of travel" to the altered area is considered "disproportionate" when the cost exceeds 20% of the costs of the overall alterations. When the cost of providing an accessible "path of travel" is "disproportionate," the "path of travel" must be made accessible to the extent that it can be done without incurring "disproportionate" costs. If a primary function area is altered without providing an accessible "path of travel" due to "disproportionate" costs and additional alterations are made to the play area within three years of the original alteration, the total cost of the alterations to the play area during the preceding three year period are considered in determining whether the cost of making the "path of travel" accessible is "disproportionate". Specific questions about "path of travel" obligations should be directed to the Department of Justice.

Not all alterations to a site that contains a play area would trigger "path of travel" obligations. Alterations to a toilet room or a drinking fountain located on a site that includes a play area would not trigger the "path of travel" obligations. In this case, the toilet room and drinking fountain are not considered primary function areas.