An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent...
Search Results "Alteration"
2010 ADA Definition
Alteration: A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.
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Sec.36.403(a) General
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Applicable standards
36.406(a) adopts the 2004 ADAAG as part of the 2010 Standards and establishes the compliance date and triggering events for the application of those standards to both new construction and alterations...
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§ 35.152(c) Alterations to detention and correctional facilities
(c) Alterations to detention and correctional facilities. ...
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Compliance date
New construction under title II and alterations under either title II or title III had to comply with the design standards on that date....
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Triggering event
The Department is persuaded by the comments to adopt a two-pronged approach to defining the triggering event for new construction and alterations....
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Sec.36.403(c)
(c) Alterations to an area containing a primary function....
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Sec.36.403(c)(1)
(1) Alterations that affect the usability of or access to an area containing a primary function include, but are not limited to --...
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Sec.36.403(c)(2)
(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...
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Do all state and local buildings need to be accessible (comply with the ADA Standards for Accessible Design?)
New construction and alterations need to meet the Standards, but for facilities built before the ADA went into effect on January 26, 1992, the focus is on making sure people with disabilities...
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Sec.36.403(d) Landlord/tenant
(d) Landlord/tenant: If a tenant is making alterations as defined in Sec.36.402 that would trigger the requirements of this section, those alterations by the tenant in areas that only the...
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Amusement rides
The amusement ride provisions do not provide a “triggering event’’ for new construction or alteration of an amusement ride....
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Sec.36.403(e) Path of travel
(e) Path of travel.
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Noncomplying new construction and alterations
Noncomplying new construction and alterations....
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Sec.36.403(f) Disproportionality
(f) Disproportionality.
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Sec.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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Sec.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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Sec.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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Sec.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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Sec.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...
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Sec.36.403(f)(2)(iv)
(iv) Costs associated with relocating an inaccessible drinking fountain.
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Sec.36.403(g)
(g) Duty to provide accessible features in the event of disproportionality.
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Sec.36.403(h) Series of smaller alterations
(h) Series of smaller alterations....
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Sec.36.403(h)(2)(i)
(i) If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on...
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Sec.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...