Circulation Path and the Primary Function Area as Defined by ADA

The Americans with Disabilities Act (ADA) has a requirement for an accessible circulation path of travel leading to a primary function area when a facility is altered. A primary function is a major activity for which the facility was intended. The graphic below is representative of a path of travel to a primary function area.

Circulation Path to Primary Function Area

2010 ADA Standard 202.4, Alterations Affecting Primary Function Areas, states, “In addition to the requirements of [Standard] 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General.” An exception is that residential dwelling units are not be required to comply with [Standard] 202.4.

2010 ADA Standard Advisory 202.4, Alterations Affecting Primary Function Areas, states, “An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. Department of Justice ADA implementation regulation 28 CFR 36.403 (f)(1) states, ‘Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.’ See also Department of Transportation ADA regulations, which use similar concepts in the context of public sector transportation facilities (49 CFR 37.43 (e)(1)). There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. For example, both a bank lobby and the bank’s employee areas such as the teller areas and walk-in safe are primary function areas. Also, mixed use facilities may include numerous primary function areas for each use. Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, or restrooms.”

Other examples of primary function areas include: 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.

It is important to note that the path of travel to/from a primary function area may include vertical access. See the graphic below for a representation.

Path of Travel with Vertical Access

Dollar Sign

As stated above in the Advisory and in § 36.403 Alterations: Path of travel, (f) Disproportionality, “alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.” Note that this 20% limit is applied only to the cost of alteration for the primary function area, not the overall project. Furthermore, this is an additional 20% to be spent on the path of travel, not 20% of the cost of the alteration to the primary function area. This 20% is a DOJ-imposed cap on the improvements for ADA to the path of travel, or circulation path, even if it does not completely pay for all the alterations needed on the path of travel. This 20% cap does not prevent spending more on the path of travel.

In choosing which accessible elements along the circulation path to provide, priority should be given to those elements that will provide the greatest access, in the following order:

1. An accessible entrance;

2. An accessible route to the altered area;

3. At least one accessible restroom for each sex or a single unisex restroom;

4. Accessible telephones;

5. Accessible drinking fountains; and

6. When possible, additional accessible elements such as parking, storage, and alarms.

Excluded in the ADA Standards for path of travel along a circulation route are alterations to windows, hardware, controls, electrical outlets, and signs. Altering these elements does not trigger the 20% obligation for the path of travel. Note that carpet is not on the excluded list. So if the carpet is replaced in a primary function area, the path of travel obligation is triggered.

The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking. Only alterations undertaken after January 26, 1992, will be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations.

Now we can look at an example of renovations to a public school similar to that as seen below. The scope of work to be preformed on the school includes new HVAC equipment, roof repair, and renovations to the gym, classrooms, and toilet rooms. First we need to decide which of these scope items are considered alterations to primary function areas.

School Building

The new HVAC equipment and roof repair are not alterations because this work will not effect the usability of the elements repaired and the HVAC equipment and roof are not primary function areas.

That leaves the gym, class rooms, and toilet rooms. The toilet rooms are not primary function areas because the activity in the toilet rooms is not the purpose of the facility. So if you alter the toilet rooms you have to complete the ADA improvements to the toilet rooms only, not the path of travel to the toilet rooms. However, the gym and class rooms are primary function areas because they are where the purpose of the facility is carried out. Now we can use these two areas to enter a summary flow chart as shown below to help decide what level of ADA compliance is needed. POT stands for path of travel.

In summary, the ADA has a requirement for an accessible path of travel along the circulation path leading to a primary function area when a facility primary function area is altered. This path of travel starts at the site arrival points and terminates at the altered primary function area. There is an obligation to alter the path of travel up to a cost limit of 20% of the cost to alter the primary function area. This DOJ-imposed obligation does not prevent an owner, operator, or tenant from spending more on the path of travel along the circulation path.

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.