202.3 Alterations.
Where existing elements, spaces, or common use areas are altered, each altered element, space, or common use area shall comply with the applicable requirements of Chapter 2.
EXCEPTIONS:
1. Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.
2. In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible. For purposes of ensuring compliance with Texas Government Code, Chapter 469, all determinations of technical infeasibility and maximum extent feasible are made by the Department in accordance with the variance procedures contained in Chapter 68, Texas Administrative Code.
3. Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to Texas Government Code, Chapter 469, shall not be required to comply with 202.3.
202.3.1 Prohibited Reduction in Access.
An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited.
35.133 Maintenance of accessible features.
36.211 Maintenance of accessible features.
(c) If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.
202.3.2 Extent of Application.
An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction.
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