(2) Only alterations undertaken on or after March 15, 2011 shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost...
Search Results "Disproportionality"
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§ 35.151(b)(4)(v)(B)(2)
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Path of travel
If the path of travel cannot be made accessible, the grantee must submit to FTA an analysis demonstrating that the cost of making the path of travel accessible is disproportionate to (i.e...
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Altered Elements on an Accessible Route
this exception is not permitted for alterations to primary function areas, which are required to be connected by an accessible path of travel (unless the cost of providing such a path is "disproportionate...
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Alterations to Areas Containing a Primary Function
Alterations to areas containing a primary function must include an accessible path of travel to the altered area unless it is disproportionate in cost or scope (202.4)....
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202.4 Alterations Affecting Primary Function Areas
For purposes of ensuring compliance with requirements of Texas Government Code, Chapter 469, all determinations of maximum extent feasible and disproportionality are made by the Department...
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Section 35.151(b) Alterations (Section-by-Section Analysis)
The requirement for an accessible path of travel does not apply, however, to the extent that the cost and scope of alterations to the path of travel is disproportionate to the cost of the...
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Section 36.403 Alterations: Path of Travel (Preamble, Section-by-Section Analysis)
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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§ 36.403 Alterations: Path of travel.
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§ 36.403(a) General.
(a) General.
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§ 36.403(a)(1)
serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate...
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§ 36.403(f) Disproportionality.
(f) Disproportionality....
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§ 36.403(f)(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% of the cost of the alteration...
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§ 36.403(f)(2)
(2) Costs that may be counted as expenditures required to provide an accessible path of travel may include:
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§ 36.403(f)(2)(i)
(i) 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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§ 36.403(f)(2)(ii)
(ii) 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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§ 36.403(f)(2)(iii)
(iii) Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text...
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§ 36.403(f)(2)(iv)
(iv) Costs associated with relocating an inaccessible drinking fountain.
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§ 36.403(g) Duty to provide accessible features in the event of disproportionality.
(g) Duty to provide accessible features in the event of disproportionality....
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§ 36.403(h)(2)(i)
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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§ 36.403(h)(2)(ii)
(ii) Only alterations undertaken after January 26, 1992, shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost...
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Alterations
be made accessible to the extent that it can be made accessible without incurring disproportionate costs....
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Brief Answers
ADA and DOT’s implementing regulations, federal appellate case law, and the Department of Justice’s (DOJ) interpretation of the ADA’s legislative history each dictate that costs and cost-disproportionality...
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Section 36.403 Alterations: Path of Travel (Section-by-Section Analysis)
Section 36.403 Alterations: Path of Travel (Section-by-Section Analysis) In the NPRM, the Department proposed one change to Sec. 36.403 on alterations and path of travel by adding...
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§ 35.151(b) Alterations.
(b) Alterations.