This unique and important series of seven webinars brings together some of the country’s most experienced ADA experts and trainers, combining the “official” view with practical...
Search Results "Disproportionality"
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NAADAC Webinar Series: "ADA: The Next Generation" - Virtual and At-Home Training
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UFAS vs. ADAAG Comparison
in ADAAG) defines occupancies. 4.1.5(2) Requirement for accessible route through existing bldg. to get to new addition is not limited by ADAAG's 20% disproportionate...
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UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
), Defendants must make certain alterations to increase accessibility no matter the cost, while under § 37.43(a)(2), Defendants must make such alterations only if doing so would not be disproportionately...
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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 Alteration of transportation facilities by public entities
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§ 37.43(a)
(a)
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§ 37.43(a)(2)
bathrooms are not required to be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, if the cost and scope of doing so would be disproportionate...
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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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§ 37.43(h)(1)
alteration to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel is disproportionate...
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Section 36.403 Alterations: Path of Travel (Section-By-Section Analysis and Response to Comments)
The cost of alterations to individual elements would be included in the overall cost of an alteration for purposes of determining disproportionality and would be counted when determining...
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106.5.25 Disproportionality
106.5.25 Disproportionality....
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106.5.41 Path of Travel
the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate...
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Section 37.43 Alteration of Transportation Facilities by Public Entities
Second, alterations to drinking fountains, telephones, and restrooms do not have to be completed if the cost and scope of making them accessible is disproportionate....
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Questions presented:
Under the ADA and DOT’s regulations, when is a public entity permitted to consider costs and cost-disproportionality in determining whether to make an altered path of travel in a facility...
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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;
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§ 35.151(b)(4)(iv)(B)(4)
(4) Accessible telephones;
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§ 35.151(b)(4)(iv)(B)(5)
(5) Accessible drinking fountains; and
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§ 35.151(b)(4)(iv)(B)(6)
(6) When possible, additional accessible elements such as parking, storage, and alarms.
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§ 35.151(b)(4)(v)(B)
(B)
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§ 35.151(b)(4)(v)(B)(1)
the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate...