Alterations
Where elements or spaces are altered, the altered element or space must comply with the ADA Standards; except where compliance would be "technically infeasible.” If compliance is technically infeasible, the alteration must comply to the maximum extent feasible. Technically infeasible means: “… something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements. “ Note that cost is not a factor in a technical infeasibility determination.
Alterations to primary function areas - where major activities take place - require additional accessibility. Primary function areas include the dining area of a cafeteria, the meeting rooms in a conference center, the classrooms in a school, as well as offices and other work areas in which the activities of the public entity take place. Restrooms are not primary function areas unless the provision of restrooms is a primary purpose of the area, for example, in highway rest stops. Alterations to primary function areas trigger an accessible "path of travel" requirement, that is, a requirement to make the path of travel from the entrance to the altered primary function area -- and telephones, restrooms, and drinking fountains that serve the altered area – accessible. An accessible path of travel may consist of walkways, parking access aisles, curb ramps, regular ramps, doorways, paths through lobbies and corridors, elevators and lifts.
An entity is not required to spend more than 20% of the cost of the original alteration on making the path of travel accessible, even if this cost limitation results in less than full accessibility. 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.
Alterations undertaken within a three year period are considered when determining disproportionality. A lift that would cost more than 20% of the cost of an alteration, may be 20% or less when adding together alterations to primary function areas within a few years.
Examples
-
A public college is spending $45,000 on alterations to a cafeteria. The building has an accessible entrance and an accessible route to this area. The toilet rooms that serve the area are not accessible. The cost of altering a single user accessible toilet room is $11,000. Twenty percent of $45,000 is $9,000. Thus the cost to make the toilet rooms accessible is disproportionate to the overall cost of the alterations. The next year the school spends $50,000 on alterations to the auditorium. Since this toilet room serves the auditorium as well as the cafeteria, and the cost is no longer disproportionate, the toilet room needs to be made accessible.
-
The maps room on the second floor of a public library is undergoing a $30,000 alteration. The building has an accessible entrance and elevator. Because the maps room is in an old addition, there are four steps between the elevator and the room. Installing a ramp is technically infeasible. Because of limited space the slope would be 1:6. A platform lift would cost $10,000 which is greater than 20% of $30,000 ($6,000.) Plus the lift would block emergency egress regulations. Thus providing an accessible route to the maps room is not required. The library still has a program accessibility obligation, but it doesn’t necessarily have to include a structural change to the building, such as adding a lift. There could be a database of maps. Staff could take maps to a room in an access location upon request.
Title II Regulations 28 § 35.151
New construction and alterations:
(iii) Disproportionality. (A) 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.
User Comments/Questions
Add Comment/Question