The distinction matters because under § 37.43(a)(1), Defendants must make certain alterations to increase accessibility no matter the cost, while under § 37.43(a)(2), Defendants must make...
Search Results "Alteration Cost"
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UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
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LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)
May 2016
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§ 37.43(a)
(a)
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§ 37.43(a)(2)
alteration in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area are...
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§ 37.43(e)(1)
(1) Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20 percent of the cost of...
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§ 37.43(e)(2)
(2) Costs that may be counted as expenditures required to provide an accessible path of travel include:...
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§ 37.43(e)(2)(ii)
(ii) Costs associated with making restrooms accessible (e.g., grab bars, enlarged toilet stalls, accessible faucet controls);...
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§ 37.43(e)(2)(iii)
(iii) Costs associated with providing accessible telephones (e.g., relocation of phones to an accessible height, installation of amplification devices or TDDs);...
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§ 37.43(e)(2)(iv)
(iv) Costs associated with relocating an inaccessible drinking fountain....
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§ 37.43(f)(1)
(1) When the cost of alterations necessary to make a path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, then such areas shall...
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6.2.4 Beach Nourishment
Exception: No more than 20 percent of the costs of a facility construction or alteration project or beach nourishment project shall be required to be expended to provide beach access routes...
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106.5.25 Disproportionality
Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration...
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Stages.
The Department has generally determined that the overall costs for this requirement are relatively high in the alterations context, due to the expense of having to provide a lift or ramp...
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Costs Not Monetized in the Formal Analysis
alterations....
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Questions presented:
Is the replacement of a staircase at an existing public transportation facility an “alteration” that affects or could affect the usability of a facility for purposes of the ADA and...
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§ 35.151(b)(4)(iii)(B)(1)
(1) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;...
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§ 35.151(b)(4)(iii)(B)(2)
(2) Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;...
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§ 35.151(b)(4)(iii)(B)(3)
(3) Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY...
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§ 35.151(b)(4)(iii)(B)(4)
(4) Costs associated with relocating an inaccessible drinking fountain....
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§ 35.151(b)(4)(iv)(A)
(A) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall...
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§ 35.151(b)(4)(iv)(B)
(B) In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order—
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§ 35.151(b)(4)(iv)(B)(1)
(1) An accessible entrance;
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§ 35.151(b)(4)(iv)(B)(2)
(2) An accessible route to the altered area;...
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§ 35.151(b)(4)(iv)(B)(3)
(3) At least one accessible restroom for each sex or a single unisex restroom;