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2010 ADA Standards for Accessible Design Pocket Guide

203.1 General.

Sites, buildings, facilities, and elements are exempt from these requirements to the extent specified by 203.

35.151(a)(2) New Construction and Alterations; Design and Construction; Exception for Structural Impracticability

36.401(c) New Construction; Exception for Structural Impracticability (subsections below are numbered per 36.401(c)).

(1) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements. Full compliance will be considered structurally impracticable only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features.

(2) If full compliance with this section would be structurally impracticable, compliance with this section is required to the extent that it is not structurally impracticable. In that case, any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable.

(3) If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would be structurally impracticable, accessibility shall nonetheless be ensured to persons with other types of disabilities, (e.g., those who use crutches or who have sight, hearing, or mental impairments) in accordance with this section.

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