Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Commenta ry o n the 2010 ADAStandards if a covered entity chose to alter several function area. The UFAS requirements for a elements in a room there would come a point substantial alteration, though different, may when so much work had been done that it have covered some of the items that will now would be considered that the entire room or be covered by the path of travel requirement. space would have to be made accessible. Under section 202.3 of the 2010 Standards Visible Alarms in Alterations to Existing entities can alter as many elements within a Facilities. The 1991 Standards, at sections room or space as they like without triggering 4.1.3(14) and 4.1.6(1)(b), and sections 202.3 a requirement to make the entire room or and 215.1 of the 2010 Standards require space accessible based on the alteration of that when existing elements and spaces of individual elements. This does not, however, a facility are altered, the alterations must change the requirement that if the intent was comply with new construction requirements. to alter the entire room or space, the entire Section 215.1 of the 2010 Standards adds room or space must be made accessible and a new exception to the scoping requirement comply with the applicable requirements of for visible alarms in existing facilities so that Chapter 2 of the 2010 Standards. visible alarms must be installed only when an existing fire alarm system is upgraded Alterations to Primary Function Areas. or replaced, or a new fire alarm system is Section 202.4 restates a current requirement installed. under title III, and therefore represents no change for title III facilities or for those title II Some commenters urged the Department facilities that have elected to comply with the not to include the exception and to make 1991 Standards. However, under the revised visible alarms a mandatory requirement for title II regulation, state and local government all spaces, both existing and new. Other facilities that have previously elected to commenters said that the exception will comply with the Uniform Federal Accessibility make the safety of individuals with disabilities Standards (UFAS) instead of the 1991 dependent upon the varying age of existing Standards will no longer have that option, and fire alarm systems. Other commenters thus will now be subject to the path of travel suggested that including this requirement, requirement. The path of travel requirement even with the exception, will result in provides that when a primary function area significant cost to building owners and of an existing facility is altered, the path operators. of travel to that area (including restrooms, telephones, and drinking fountains serving The Department believes that the language the area) must also be made accessible, of the exception to section 215.1 of the but only to the extent that the cost of doing 2010 Standards strikes a reasonable so does not exceed twenty percent (20%) balance between the interests of individuals of the cost of the alterations to the primary with disabilities and those of the business 74 - Guidance on the 2010 Standards: Titles II and III Department of Justice