Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities

4.2 Existing Facilities.

Under 28 CFR part 35, an existing facility is one in which construction began on or before January 26, 1992.

4.2.1 28 CFR § 35.150 requires that, subject to certain limitations, each service, program, or activity operated by an airport operator, when viewed in its entirety, must be readily accessible to and usable by individuals with disabilities. An airport operator is not required to make structural changes to existing facilities where other methods are effective in achieving compliance. Such other methods include redesign of equipment, reassignment of services to accessible buildings, and assignment of aides to beneficiaries.

4.2.2 Appendix A to 28 CFR part 35 reinforces these concepts. It states in part that structural changes in existing facilities are required only when there is no other feasible way to make the airport’s program accessible. (It should be noted that "structural changes" include all physical changes to a facility; the term does not refer only to changes to structural features, such as removal of or alteration to a load bearing structural member.) The requirements of § 35.151 for alterations apply to structural changes undertaken to comply with this Section. (28 CFR part 35, § 35.150, and Appendix A,).