ADA Compliance Process by Evan Terry Associates

§36.403(c) Alterations To An Area Containing A Primary Function.

§36.403(c)(1) Alterations that affect the usability of or access to an area containing a primary function include, but are not limited to –

§36.403(c)(1)(i) Remodeling merchandise display areas or employee work areas in a department store;

§36.403(c)(1)(ii) Replacing an inaccessible floor surface in the customer service or employee work areas of a bank;

§36.403(c)(1)(iii) Redesigning the assembly line area of a factory; or

§36.403(c)(1)(iv) Installing a computer center in an accounting firm.

§36.403(c)(2) For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function.

(From the Preamble to Title III regulations section related to 36.402): Normal maintenance, re-roofing painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of building or facility.

- Source: Definition from ADA Title III Regulations