New Construction versus Alteration of a building. This issue comes up a lot in the Americans with Disabilities Act (ADA) world.

An alteration is defined in the 2010 ADA Standards as “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.”

Modifications of a building such as 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. These modifications could also be referred to as periodic maintenance.

So usability is the key word in the definition of an alteration. If the work done on an existing building does not change the usability of the space, then it is probably periodic maintenance.

New construction is not defined specifically in the 2010 ADA Standards. So we are left to assume any change that is not an alteration or periodic maintenance must be new construction.

Certainly if you are adding on to a facility with additional and new square footage, that would be considered new construction. Each addition to an existing building or facility should comply with the requirements for new construction. Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with the Standards for alterations.

General Exceptions

There are many exceptions to the laws regarding ADA requirements for new construction and alterations. See the list below.

• Construction Sites - scaffolding, bridging, materials hoists, materials storage, and construction trailers, portable toilet units

• Raised Areas - observation or lookout galleries, prison guard towers, fire towers, or life guard stands

• Spaces accessed only by ladders, catwalks, crawl spaces, or very narrow passageways

• Machinery Spaces - elevator pits, elevator penthouses; mechanical, electrical or communications equipment rooms; piping or equipment catwalks; water or sewage treatment pump rooms and stations; electric substations and transformer vaults; and highway and tunnel utility facilities

• Single Occupant Structures - toll booths

• Detention and Correctional Facilities - common use areas that are used only by inmates or detainees and security personnel and that do not serve holding cells or housing cells

• Residential Facilities - common use areas that do not serve residential dwelling units

• Employee Work Areas - approach, enter, and exit the employee work area

• Raised Refereeing, Judging, and Scoring Areas - raised structures used solely for refereeing, judging, or scoring a sport

• Water Slides

• Animal Containment Areas

• Raised Boxing or Wrestling Rings

• Raised Diving Boards and Diving Platforms

If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.