New Construction and Alterations in Title III 1 ADA Trainer Network Module 6d Trainers Name Trainers Title Phone EmailWebsite Disclaimer Information materials andor technical assistance are intended solely as informal guidance and are neither a determination of your legal rights or res ID: 772516
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New Construction and Alterations in Title III 1 ADA Trainer NetworkModule 6d Trainer’s NameTrainer’s Title Phone Email/Website
Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Mid-Atlantic ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.2
Architectural Barriers and Communication Barriers that are Structural in Nature in Existing Facilities Must be Removed where Such Removal is Readily Achievable “Easily accomplishable and able to be carried outwithout much difficulty orexpense”3
Barrier Removal Priorities Accessible approach and entrance Access to areas where goods and services are made available to the publicAccess to restroom facilities Other necessary measures4
Examples of Readily Achievable Barrier Removal Installing ramps Widening doorwaysInstalling accessible door hardwareCreating designated parking spacesRearranging tables, repositioning shelvesInstalling flashing alarm lightsMaking curb cuts in sidewalks and entrancesInstalling grab bars in toilet stalls5
If Removal of Barriers is NOT Readily Achievable Alternate Steps Must Be Taken to Make Goods and Services Accessible6Examples: provide curb service or home delivery, relocate activities to accessible locations, retrieve merchandise from inaccessible shelves
All newly constructed places of public accommodation and commercial facilities must be readily accessible to and usable by individuals with disabilities 7
Alterations Alterations, including those to public accommodations built before the ADA, must be readily accessible to and usable by individuals with disabilities to the maximum extent feasible. Alteration = any change that affects usability8
Alterations: Path of Travel Alterations to a “primary function area” trigger an obligation to provide an accessible path of travel to the altered area Primary function area: Any area where a major activity takes place:Customer service areas Work areas Offices and work areas in commercial facilities9
Alterations In addition to the Path of travel requirements, there are two other important alteration issues outlined by the standards:Elevator Exemption Historic Preservation10
Does the ADA Require Barrier Removal in Historic Buildings? YES …if it is readily achievableHOWEVER…the ADA takes into account the national interest in preserving significant historic structures. Barrier removal would not be considered “readily achievable” if it would threaten or destroy the historic significance of a building or facility that is designated as historic at the national, state, or local level. 11
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