Department of Defense Memorandum: Adoption of the ABA and Section 504 of the Rehabilitation Act

2. PRIMARY FUNCTION AREAS.

Requirements for alterations (Section F202.4 of ABA Chapter 2) and leased facilities (Section F202.6.2 of ABA Chapter 2) refer to "primary function areas." DoD defines a primary function area as an area that contains a major activity for which the facility is intended. This includes areas in which a DoD entity or a recipient of DoD financial assistance provides services to the public or limited segments of the public, as well as offices and other work areas in which the activities of a DoD entity or a recipient of DoD financial assistance are carried out.

In accordance with Section F202.4 of ABA Chapter 2, 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, is readily accessible to and usable by individuals with disabilities, unless such alterations would increase the cost and scope of the overall alteration by more than twenty percent. If the costs of providing an accessible path of travel to the altered area would increase the cost and scope of the overall alteration by more than twenty percent, the path of travel shall be made accessible to the extent possible at least up to that twenty percent increase. ³  Priority should be given to those elements that will provide the greatest access in the following order:

1. An accessible route and accessible entrance to connect the altered area and site arrival points;

2. An accessible restroom for each sex or a single unisex restroom;

3. Accessible telephones;

4. Accessible drinking fountains; and

5. Accessible parking spaces.

In facility planning, if a series of alterations will be made to areas containing a primary function, and those alterations together will not provide an accessible path of travel to the altered areas, the total costs of the alterations planned within the three-year period after the initial alteration shall be considered when determining obligations to provide an
accessible path of travel in accordance with this paragraph.