In new construction, full compliance with the requirements of these standards is not required where an entity can demonstrate that it is structurally impracticable to meet the requirements...
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106.5.66 Structural Impracticability
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§ 35.151(c)(3)
(3) If physical construction or alterations commence on or after March 15, 2012, then new construction and alterations subject to this section shall comply with the 2010 Standards....
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Triggering event
In the NPRM, the Department proposed using the start of physical construction as the triggering event for applying the proposed standards to new construction under title III....
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§ 36.401(c) Exception for structural impracticability.
(c) Exception for structural impracticability.
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§ 35.151(a)(2) Exception for structural impracticability
(2) Exception for structural impracticability.
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9. Revise § 35.151 to read as follows:
9. Revise § 35.151 to read as follows:
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§ 36.401(a)(2)(ii)
(ii) If the first certificate of occupancy for the facility is issued after January 26, 1993.
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Sec.36.401(c) Exception for structural impracticability
(c) Exception for structural impracticability.
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Sec.36.401(a)(2)(ii)
(ii) If the first certificate of occupancy for the facility is issued after January 26, 1993.
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4.1.5 ACCESSIBLE BUILDINGS: ADDITIONS
Each addition to an existing building shall comply with 4.1.1 to 4.1.4 of 4.1, Minimum Requirements, except as follows:
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9.5.2(1)(b)
(b) Alteration of other areas shall be consistent with the new construction provisions of 9.5.1....
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§ 37.9(c)(1)
(1) New construction or alterations of buildings or facilities on which construction has begun, or all approvals for final design have been received, before November 29, 2006, are not required...
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Can access be provided after construction based on need?
Access required by the ADA Standards must be put in place and ready for use as part of construction....
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F202.3.2 Extent of Application
An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction....
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Applicable standards
Section 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...
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3. When Was it Built? Why Does it Matter?
The key date to remember is January 26, 1992, when Title II’s accessability [sic] requirements for new construction and alterations took effect.24 24 28 C.F.R. § 35.151....
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4.1.6(1)(d)
(d) No alteration of an existing element, space, or area of a building shall impose a requirement for greater accessibility than that which would be required for new construction....
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LIMITATION ON BARRIER REMOVAL OBLIGATIONS
To the extent that relevant standards for alterations are not provided in subpart D of this part, then the requirements of §36.304 shall not be interpreted to exceed the standards for new...
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§ 35.151(c)(2)
(2) Facilities on which construction commences on or after [date six months after the effective date of the final rule], shall comply with the proposed standards....
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Scope: ADA Standard Section 201.1
Section 201 discusses the scope of the ADA Standards.
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Triggering event. (Section-by-Section Analysis)
In § 35.151(c)(2) of the NPRM, the Department proposed that the commencement of construction serve as the triggering event for applying the proposed standards to new construction and alterations...
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Requirements for Renovation or New Construction
Requirements for Renovation or New Construction While an employer's requirements for accessibility under Title I relate to accommodation of an individual, as described above, employers...
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Where Platform Lifts are Permitted [§206.7]
In new construction, platform lifts can be used to provide an accessible route to these areas only: wheelchair spaces, performance areas, and speakers’ platforms incidental...
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F202.3.1 Prohibited Reduction in Access
An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited...