Guide to the ADA Standards

Is resurfacing of a lot considered an alteration?

According to the definition of "alteration," normal maintenance is not considered an alteration unless it affects a facility’s usability. For example, if a lot is to be resurfaced or its plan reconfigured, accessible spaces must be provided. However, work that is primarily maintenance, such as surface patching, does not trigger a requirement for accessible spaces. When the work is not considered an alteration, providing accessible spaces is advisable where sufficient accessible parking is lacking and may be necessary in meeting obligations for program access by government entities and barrier removal by public accommodations as required by DOJ’s regulations.