New Construction Versus Alteration in the ADA World - Technical
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.
Just looking at what is included above as an alteration shows you how this can be confusing. For example, if you want to replace a counter because the old one is deteriorated, isn’t that a remodeling, renovation, rehabilitation, reconstruction, or restoration? But if the new counter does not change the usability of the space or building, this change would not be an alteration, even though you are ripping out the old counter and installing a new counter. This new counter should be considered new construction.
Certainly if you are adding on to a facility with additional and new square footage, that would be considered new construction. 2010 ADA Standard 202.2, [Existing Buildings and Facilities] Additions, states, “Each addition to an existing building or facility shall 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 [Standard] 202.4.” Standard 202.4 applies to alterations.
For example, if you are putting a new counter where no counter was installed before, that would be new construction. But if you replace an existing service counter with a sales counter, that would change the usability of the space, which makes it an alteration. So that is the thought process you would need to go through to comply with the ADA Standards.
2010 ADA Standards, Title III, § 36, covers New Construction and Alterations. Within this part are different sections for different components of new construction and alterations. See below.
§ 36.401 covers new construction - Discrimination for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities.
§ 36.402 covers alterations - Any alteration to a place of public accommodation or a commercial facility, after January 26, 1992, shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
§ 36.403 [and 2010 ADA Standard 202.4] - Alterations, covers path of travel - An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.
§ 36.404 Alterations, covers the elevator exemption - This section does not require the installation of an elevator in an altered facility that is less than three stories or has less than 3,000 square feet per story, except with respect to any facility that houses a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot, or other station used for specified public transportation, or an airport passenger terminal.
§ 36.405 [and 2010 ADA Standard 202.5] - Alterations covers historic preservation - Alterations to buildings or facilities that are eligible for listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq.), or are designated as historic under State or local law, shall comply to the maximum extent feasible with this part.
§ 36.406 covers standards for new construction and alterations - Defines, based on dates, whether the 1991 ADA Standards or the 2010 ADA Standards apply to a facility.
General Exceptions
2010 ADA Standards 203.1, General, states, “Sites, buildings, facilities, and elements are exempt from these requirements to the extent specified by [Standard] 203. This standard lists the following exceptions.
2010 ADA Standard 203.2, Construction Sites, states, “Structures and sites directly associated with the actual processes of construction, including but not limited to, scaffolding, bridging, materials hoists, materials storage, and construction trailers shall not be required to comply with these requirements or to be on an accessible route. Portable toilet units provided for use exclusively by construction personnel on a construction site shall not be required to comply with [Standard] 213 or to be on an accessible route.”
Raised Security Station
2010 ADA Standard 203.3, Raised Areas, states, “Areas raised primarily for purposes of security, life safety, or fire safety, including but not limited to, observation or lookout galleries, prison guard towers, fire towers, or life guard stands shall not be required to comply with these requirements or to be on an accessible route.” The graphic on the right is representative of a raised security installation.
2010 ADA Standard 203.4, Limited Access Spaces, states, “Spaces accessed only by ladders, catwalks, crawl spaces, or very narrow passageways shall not be required to comply with these requirements or to be on an accessible route.” The graphic on the left is representative.
2010 ADA Standard 203.5 Machinery Spaces, states, “Spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment shall not be required to comply with these requirements or to be on an accessibleroute. Machinery spaces include, but are not limited to, elevator pits or 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.”
Toll Booths
2010 ADA Standard 203.6, Single Occupant Structures, states, “Single occupant structures accessed only by passageways below grade or elevated above standard curb height, including but not limited to, toll booths that are accessed only by underground tunnels, shall not be required to comply with these requirements or to be on an accessibleroute.” The graphic on the right is representative.
2010 ADA Standard 203.7, Detention and Correctional Facilities, states, “In 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 required to comply with [Standard] 232, shall not be required to comply with these requirements or to be on an accessible route.”
2010 ADA Standard 203.8, Residential Facilities, states, “In residential facilities, common use areas that do not serve residential dwelling units required to provide mobility features complying with [Standard] 809.2 through [Standard] 809.4 shall not be required to comply with these requirements or to be on an accessible route.”
Employee Work Areas Signage
2010 ADA Standard 203.9, Employee Work Areas, states, “Spaces and elements within employee work areas shall only be required to comply with [Standards] 206.2.8, 207.1, and 215.3 and shall be designed and constructed so that individuals with disabilities can approach, enter, and exit the employee work area.” These employee-only work areas commonly have a sign to identify the door access to approach, enter and exit for employees only.
2010 ADA Standard 203.10, Raised Refereeing, Judging, and Scoring Areas, states, “Raised structures used solely for refereeing, judging, or scoring a sport shall not be required to comply with these requirements or to be on an accessible route.”
2010 ADA Standard 203.11, Water Slides, states, “Water slides shall not be required to comply with these requirements or to be on an accessible route.”
2010 ADA Standard 203.12, Animal Containment Areas, states “Animal containment areas that are not for public use shall not be required to comply with these requirements or to be on an accessible route.”
2010 ADA Standard 203.13, states, “Raised Boxing or Wrestling Rings. Raised boxing or wrestling rings shall not be required to comply with these requirements or to be on an accessible route.” See the graphic below.
Boxing Ring