Slide 1:
Welcome to the AccessibilityOnline Webinar Series
A collaborative program between the ADA National Network and the U.S. Access Board
The Session is Scheduled to begin at 2:30pm Eastern Time
We will be testing sound quality periodically
Audio and visual are provided through the on‐line webinar system. This session is closed captioned. Individuals may also listen via telephone by dialing 1‐712‐432‐3100 code 930098 (This is not a Toll Free number)

The content and materials of this training are property of the US Access Board and the Great Lakes ADA Center and cannot be used and/or distributed without permission. This program is funded through a contract agreement with the U.S. Access Board. For permission to use training content or obtain copies of materials used as part of this program please contact us by email at adata@adagreatlakes.org or toll free (877)232‐1990 (V/TTY) www.AccessibilityOnline.org

Slide 2:
Listening to the Webinar
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Slide 3:
Listening to the Webinar, continued
If you do not have sound capabilities on your computer or prefer to listen by phone, dial:  1-712-432-3100 Pass Code: 930098 This is not a Toll Free number

Slide 4:
Listening to the Webinar, continued
MOBILE Users (iPhone, iPad, or Android device and Kindle Fire HD) 
Individuals may listen** to the session using the Blackboard Collaborate Mobile App (Available Free from the Apple Store, Google Play or Amazon). **Closed Captioning is not visible via the Mobile App and limited accessibility for screen reader/Voiceover users.

Slide 5:
Captioning
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Slide 6:
Submitting Questions
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Please note: This webinar is being recorded and can be accessed on the AccessibilityOnline website at www.accessibilityonline.org/Archives within 24 hours after the conclusion of the session.

Slide 7:
Customize Your View
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Slide 8:
Customize Your View continued
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Slide 9:
Technical Assistance
*	If you experience any technical difficulties during the webinar:
1.	Send a private chat message to the host by double clicking “Great Lakes ADA” in the participant list. A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your comment in the text box and “enter” (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message); or 
2.	Email webinars@accessibilityonline.org; or 
3.	Call 877-232-1990 (V/TTY) 

Slide 10:
Presenters
U.S. Access Board 
Jim Pecht
Dave Yanchulis

Slide 11:
Accessible Alterations
Session Agenda
• Application & Scoping
• Technical Infeasibility
• Primary Function Areas
• Historic Preservation
• Additions

Slide 12:
ADA & ABA Standards
ADA Standards: 
•	places of public accommodation
•	commercial facilities
•	state & local government facilities 

Architectural Barriers Act (ABA) Standards:
•	Federally funded facilities

Slide 13:
ADA & ABA Standards
Application:
•	New construction
•	Alterations
•	Additions 

Slide 14:
Existing Facilities
Other mandates may require retrofits (whether or not alterations are planned)

ADA:
•	Barrier removal at places of public accommodation
•	Program access by state/local governments

Rehabilitation Act (§504):
•	Program access in federally funded programs

Slide 15:
Alterations (§106.5)
Defined as: 
“A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof.”

Slide 16:
Alterations
Including (but not limited to): 
•	remodeling
•	renovation
•	rehabilitation/ reconstruction
•	historic restoration
•	resurfacing of circulation paths/ vehicular ways
•	changes/ rearrangement of structural parts,  elements, or plan configuration of walls & full-height partitions

Slide 17:
Alterations
Not alterations (unless usability affected): 

•	normal maintenance
•	reroofing
•	painting or wallpapering
•	changes to mechanical and electrical systems

Slide 18:
Alterations
Example: Parking Lot
Repainting existing markings in place, filling potholes = maintenance (not an alteration)
Image of restriping of existing parking space markings

Slide 19:
Alterations
Example: Parking Lot
Resurfacing and restriping of lot = alteration
Image of steam roller paving lot

Slide 20:
Alterations
Example: Carpet
Replacement = alteration (new carpet must comply)
Image of new carpet being laid

Slide 21:
Alterations
Example: Carpet repair 
Patch tears, replace loose/ missing tiles = maintenance
Image of carpet tile replacement

Slide 22:
Alterations
Example:  Replace HVAC system   
Covered where usability affected 
(e.g., new thermostats installed – operable parts)
Image of a HVAC roof condenser and Room thermostat control

Slide 23:
Alterations
Example:  Damaged door handle 
•	repaired = normal maintenance
•	replaced = new handle must comply 

Slide 24:
Alterations
Example:  Seismic upgrade
Image of building facade and support scaffolding

Slide 25:
Application & Scoping (§202.3)
Determined by:
• Scope of work
• Technical infeasibility
• Primary function areas

Slide 26:
Application & Scoping
Standards apply to those elements and spaces that are altered
Image of floor plan with altered spaces and elements noted

Slide 27:
Application & Scoping
Within an altered space, standards apply to those elements that are altered (accessible route not required unless circulation paths altered or path of travel required)
Image of lobby with altered elements (drinking fountain, fire extinguisher cabinet, and elevator call buttons) highlighted

Slide 28:
Application & Scoping
Application also determined by the extent of alteration to an element
Example: switch replaced but not relocated – must meet operable part requirements (except those for height)

Slide 29:
Application & Scoping
Example: Toilet room – single element
(toilet altered/replaced)
Image of single user toilet room - toilet highlighted

Slide 30:
Application & Scoping
Example: Toilet room – multiple elements altered
(lavatory, mirror, floor, dispenser)
Image of Single user toilet room - floor, dispenser, lavatory, and mirror highlighted

Slide 31:
Application & Scoping
Example: Toilet room – full alteration of space
(but existing walls remain in place)
Image of single user toilet room - room and all elements and fixtures highlighted

Slide 32:
Application & Scoping
Example: Toilet room – completely altered
(including walls) or built new
Image of Single user toilet room in plan view with spaces requirements shown (fixture and door maneuvering clearances, turning space)

Slide 33:
Application & Scoping
Recommendation:
Maximize opportunities for access beyond minimum required where possible – often more cost‐effective when work is already underway.

Slide 34:
Alterations
Specific provisions for alterations located throughout standards (refer to “alterations” or “existing facilities”) 

Slide 35:
Specific Provisions
Example (scoping): Entrances
 If alterations are made to an entrance, compliance is not required if the facility already has an accessible entrance (unless required as part of an accessible path of travel) (§206.4)
Image of ramped building entrance

Slide 36:
Specific Provisions
Example (scoping): Vertical access between stories 
Required where stair/escalator newly added & major structural modifications needed (§206.2.3.1) Vertical access exceptions in new construction apply equally to alterations
Image of floor levels connected by new stairs (highlighted)

Slide 37:
Specific Provisions
Example (scoping): Fire Alarms Systems 
Compliance required only when systems are installed new, replaced, or upgraded (§215.1) 

Slide 38:
Specific Provisions
Example (scoping): Elevators
If car altered, all cars programmed to respond to the same hall call also must be altered (§206.6.1)
Image of elevator bank (3 cars)

Slide 39:
Specific Provisions
Example (technical): Ramp Slope 
Steeper running slopes allowed for short ramps where space is limited (§405.2):

	     6” max. rise:   1:10 max. slope
	     3” max. rise:    1:8 max. slope

Slide 40:
Specific Provisions
Example (technical): Stairs  
Full handrail extensions not required if they would project hazardously into circulation paths (§505.10)
Image of stairs without handrail extensions at corridor

Slide 41:
Application & Scoping
New construction = basis for alterations
(aside from specific provisions/ exceptions)
Alterations:
not required to exceed NC
level of access (§202.3.2)
can’t reduce access below
NC level (§202.3.1)
Image of Crossed out arrows pointing up and down from banner labeled "New Construction Level of Access"

Slide 42:
Prohibited Reduction in Access
Example:  Parking
Parking spaces can be reduced but access must be retained according to revised total   
Image of parking lot at building with a portion of spaces highlighted

Slide 43:
Prohibited Reduction in Access

Example:  Parking lot reduced from 125 to 100 spaces - access to at least 4 (instead of 5) (required van space must be retained)
Scoping table in the ADA & ABA Standards for parking spaces with requirements for lots with 76-100 spaces (4 accessible spaces required) and lots with 101-150 space (5 spaces required) and arrow indicating reduction from 5 required spaces to 4 required spaces

Slide 44:
Technical Infeasibility

Slide 45:
Technical Infeasibility (§106.5)
Defined as:
“Something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load‐bearing member that is an essential part of the structural frame …

Slide 46:
Technical Infeasibility (§106.5)
“… or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.”

Slide 47:
Technical Infeasibility
Space limitations and technical infeasibility
Image of Toilet room constrained in size by corridor./ min. egress width, stair tower, and elevator and freight elevator shafts

Slide 48:
Technical Infeasibility
Compliance required to the “maximum extent feasible”
Detail of single-user toilet room with toilet and lavatory constrained in size by corridor./ min. egress width, stair tower, and elevator and freight elevator shafts

Slide 49:
Technical Infeasibility
Is relative to scope of work; where renovation = more extensive, technical infeasibility = less likely
Exterior of office building undergoing extensive renovation

Slide 50:
Technical Infeasibility
Example: Code Conflict
Compliance conflicts with applicable building, plumbing, life safety or other codes (e.g., combining 2 toilet stalls to create an accessible stall will violate plumbing code’s required fixture count)

Slide 51:
Technical Infeasibility
If making men’s and women’s rooms comply is technically infeasible, accessible unisex facilities allowed – must be in same location (§213.2) Image of entrances to men's and women's restrooms

Slide 52:
Technical Infeasibility
• case‐by‐case determination
• based on existing constraints/ conditions, scope of work
• compliance required to the maximum extent feasible

Slide 53:
Primary Function Areas 

Slide 54:
Primary Function Areas (§202.4)
Additional requirements for alterations (and additions) that affect or could affect usability of/ access to areas containing a “primary function”   (i.e., major activity for which the facility is intended)

Slide 55:
Primary Function Areas
Examples include (not limited to):
•	 dining areas of a restaurant
•	 retail space in a store 
•	 exam rooms in a doctor’s office
•	 guest rooms in a hotel
•	 classrooms in a school 
•	 offices & other work areas where activities of a covered entity are carried out 

Slide 56:
Primary Function Areas
Not primary function areas:
•	 entrances & corridors
•	 break rooms & employee locker rooms
•	 mechanical & electrical closets
•	 supply storage rooms
•	 restrooms (unless primary purpose of a   facility, e.g., highway rest stop)

Slide 57:
Primary Function Areas
Required:  Accessible “path of travel”:
•	accessible route from PF area to facility entrance & site arrival points (e.g., parking) 
•	restrooms (for each sex unless only unisex provided)
•	phones
•	drinking fountains

Slide 58:
Path of Travel
Example path of travel
Path of travel shown extending from parking lot, public sidewalk, and transit stop on site to building entrance and including restrooms, drinking fountain, and public telephone on the route to the primary function area

Slide 59:
Path of Travel
Path of travel may require vertical access between floors
Exceptions for vertical access allowed in new construction still apply
Path of travel shown spanning several floors from primary function on upper floor to entrance on ground floor

Slide 60:
Path of Travel
Path of travel is required to the extent that it is not “disproportionate” to the project cost (more than 20%)
Compliance required up to the 20% limit

Slide 61:
Path of Travel
Example project calculation:

Total cost of all alterations:	$200,000
Cost pertaining to PF areas:	$100,000
Path of travel cost cap: 	   	$20,000 (20%)

Slide 62:
Path of Travel
Prioritization where 20% cap reached – access to:
•	 entrance
•	 route connecting primary function area 
•	 restrooms
•	 phone
•	 drinking fountain 
•	 other elements (e.g. parking, storage, etc.)

Slide 63:
Path of Travel
Landlord/ tenant: 
When PF area alterations made by tenant:
•	path of travel applies within space controlled by tenant 
•	but not to areas under the landlord´s authority (unless they are also altered)

Slide 64:
PF Areas & Path of Travel
•	Excluded:  alterations to windows, hardware, controls, electrical outlets, signs (DOJ Standards)
•	POT components that meet earlier standards (e.g., 1991 ADAAG) do not have to be upgraded to the current standards 
•	Series of smaller alterations – costs of    alterations over 3 year period must be      included in 20% calculation

Slide 65:
PF Areas & Path of Travel
Additional information on primary function areas:
•	DOJ’s 2010 ADA Standards                               (28 CFR §36.403 and 28 CFR §35.151(b)) 
•	DOT’s ADA Regulation (49 CFR §37.43)
•	Regulations implementing ABA     Standards (GSA, DOD, USPS, HUD)

(links provided on Board’s website)

Slide 66:
Historic Preservation

Slide 67:
Historic Preservation (§202.5)
Specific exceptions for facilities designated as historic under appropriate state/ local law or eligible for listing on the National Register of Historic Places 
Image of historic house with Historic designation plaque: "This property has been placed on the National Register of Historic Places"

Slide 68:
Historic Preservation
Specific exceptions:
•	Entrances (§206.4, Ex. 2)
•	Accessible route from site arrival points (§206.2.1, Ex. 1)
•	Vertical access (§206.2.3, Ex. 7)
•	Toilet rooms (§213.2, Ex. 2)

See earlier webinar (Nov. 2012)

Slide 69:
Additions

Slide 70:
Additions (§202.2)
expansion, extension, or increase in a facility’s gross floor area or height
Existing building with addition shown in dashed lines and highlighted arrow (path of travel) extending from addition
Existing portions affected = alterations
Newly built portions = new construction
Path of travel required for additions that include/ affect primary function areas

Slide 71:
ABA Standards (§F202.2)
(Federally funded facilities)
Accessible route to addition entrance from site arrival points required for all additions (applies to existing facility entrance if addition doesn’t include its own entrance)
Building addition showing accessible routes to entrance from public sidewalk, accessible parking spaces, and bus stop within the boundary of the site

Slide 72:
ABA Standards
(Federally funded facilities)
If not included in addition, access required in existing facility to:
•	toilet & bathing facilities
•	a public telephone 
•	a drinking fountain

No cost caps based on “disproportionality”

Slide 73:
Questions?
You may type and submit questions in the Chat Area Text Box or press Control‐M and enter text in the Chat Area
Slide 74:
U.S. Access Board
(800) 872‐2253 (voice)
(800) 993‐2822 (TTY)
E‐mail: ta@access‐board.gov
www.access‐board.gov

Slide 75:
Thank you for participating in today’s webinar
Next session:  “Accessible Routes on Sites”
February 6th 
www.accessibilityonline.org 
(877) 232-1990 (v/TTY)