Helpful answers on ADA barrier removal:

Where Can I find “Barrier Removal” requirements in the 2010 ADA Standards for Accessible Design?

There is a single reference to “Barrier Removal” in Section 101.2 Entitled “Effect on Removal of Barriers in Existing Facilities”.

Section 101.2 mentions the Department of Justice having sole discretion in enforcement, but where did the requirements go?

The companion document known as the “Americans with Disabilities Act Title III Regulations” covers “Barrier Removal”.

How can I get a copy of these regulations?

They are available for download on the ada.gov website.

Where do I find the specific requirements?

Sub-part C, Section 36.304 describes “Barrier Removal” requirements.

As I decide on which upgrades to make, what standard should I use?

The “2010 ADA Standards for Accessible design” contain the specific guidelines for making alterations to existing elements.

After calculating the 20% limit this money must be earmarked for various accessibility elements serving the Primary Function of the building.

Question: Can the 20% money be spent on the Primary Function area also, since some of the Primary Area needs new accessible features?

Answer: The 20% funds are intended for areas that are not within the Primary Function. Accessible routes from parking lots to the building entrance; accessible route from the entrance to the Primary Function Area; and the toilet rooms serving this Primary Function Area are all typical areas where the 20% funds must be spent.

 

NOTE: The answers provided are the opinion of the author, and should not be relied upon as ADA interpretations may vary.

The alteration requirements contain a limit on how much money is required to be spent on accessible elements serving the Primary Area remodel.

Question: What limits are placed on alteration costs within the Primary Function Area?

Answer: Altered Elements are to be upgraded to accessible standards to the maximum extent feasible.

Question: What is the 20% limit on accessible alteration costs for areas that serve the Primary Function Area.

Answer: Once the costs of alterations to a facility are known, there are costs that should be deducted. ADA 2010 Standards Section 36.403(b) notes that areas such as employee lounges and toilet rooms are not Primary Function areas and the cost of their remodel should be deducted. An example calculation follows:

 

NOTE: The answers provided are the opinion of the author, and should not be relied upon as ADA interpretations may vary.

Section 202.3 of the 2010 ADA Standards requires business occupancies that alter buildings, to do so in a manner which makes their facility readily accessible.

Question: What is the primary function rule for alterations?

Answer: Section 202.4 says, when primary or core areas of a building are remodeled, those areas or elements that are remodeled are required to be made accessible. This means that whatever elements you choose to alter, the construction is to be done by following new construction accessibility requirements.

Question: Are there exceptions to the new construction standards for alterations?

Answer: Many of the scoping requirements in Chapter 2 of the standards contain exceptions for altered facilities. The index in the back of the ADA Standards is useful for finding these; see “Alteration(s)”.

 

NOTE: The answers provided are the opinion of the author, and should not be relied upon as ADA interpretations may vary.