CHAPTER 2: SCOPING REQUIREMENTS
201.1 Scope. All areas of newly designed or newly
constructed buildings and facilities and altered portions
of existing buildings and facilities shall comply with these guidelines.
EXCEPTION: These guidelines do not apply to an
establishment located within a building that contains not more than five
rooms for rent or hire that is occupied by the proprietor of such establishment
as the residence of such proprietor.
201.2 Application Based on Building Use. Where
a site, building, or facility contains more than one use, each portion
shall comply with the applicable requirements for that use.
201.3 Temporary Structures. These guidelines
cover temporary buildings and facilities as well as permanent facilities.
202 Application to Existing Buildings and Facilities
202.1 General. Additions and alterations
to existing buildings or facilities, including qualified historic
buildings and facilities, shall comply with these guidelines except as modified
202.2 Additions. 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 an area containing a primary function shall comply with 202.4.
202.3 Alterations. Where existing elements
or spaces are altered, each altered element or space shall
comply with the applicable provisions of this chapter.
1. Altered elements or spaces are not
required to be located on an accessible route. unless required by 202.4.
2. In alterations, where compliance with applicable
provisions is technically infeasible, the alteration shall provide
accessibility to the maximum extent feasible. Any elements or spaces
of the building or facility that are being altered and can
be made accessible shall be made accessible within the scope of
202.3.1 Prohibited Reduction In Access. An alteration
that decreases or has the effect of decreasing the accessibility of a building
or facility below the requirements for new construction at the time of
alteration is prohibited.
202.3.2 Extent of Application. An alteration
of an existing element, space, or area of a building or facility
shall not impose a requirement for greater accessibility than that which would
be required for new construction.
202.4 Alterations Affecting Primary Function Areas.
in addition to the requirements of 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 and the restrooms, 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.
EXCEPTION: This requirement does not apply where
the alteration work is limited solely to the electrical, mechanical, or
plumbing system, or to hazardous material abatement, or automatic sprinkler retrofitting,
and does not involve the alteration of any elements or spaces
required to be accessible under these guidelines.
202.5 Alterations to Qualified Historic Buildings
and Facilities. Alterations to a qualified historic building
or facility shall comply with 202.3 and 202.4.
EXCEPTION: Where alternative requirements are permitted in accordance with the procedures in 202.5.1 or 202.5.2.
202.5.1 Procedures for Alterations to Qualified Historic
Buildings and Facilities Subject to Section 106 of the National Historic Preservation
Act. Where alterations are undertaken to a qualified historic building
or facility that is subject to Section 106 of the National Historic Preservation
Act, the Federal agency with jurisdiction over the undertaking shall follow the
Section 106 process. Where the State Historic Preservation Officer or Advisory
Council on Historic Preservation determines that compliance with the requirements
for accessible routes, ramps, entrances, or toilet facilities would
threaten or destroy the historic significance of the building or facility, the
alternative requirements for that element shall apply.
202.5.2 Alterations to Qualified Historic Buildings
and Facilities Not Subject to Section 106 of the National Historic Preservation
Act. Where alterations are undertaken to a qualified historic building
or facility that is not subject to section 106 of the National Historic
Preservation Act, and the entity undertaking the alterations believes that
compliance with the requirements for accessible routes, ramps, entrances,
or toilet facilities would threaten or destroy the historic significance
of the building or facility, the entity shall consult with the State
Historic Preservation Officer. Where the State Historic Preservation Officer determines
that compliance with the accessibility requirements for accessible routes,
ramps, entrances or toilet facilities would threaten or destroy the
historical significance of the building or facility, the alternative
requirements for that element shall apply.
184.108.40.206 Consultation With Interested Persons.
Interested persons shall be invited to participate in the consultation process,
including State or local accessibility officials, individuals with disabilities,
and organizations representing individuals with disabilities.
220.127.116.11 Certified Local Government Historic Preservation Programs. Where the State Historic Preservation Officer has delegated the consultation responsibility for purposes of this section to a local government historic preservation program that has been certified in accordance with section 101 (C) of the National Historic Preservation Act of 1966 (16 U.S.C. 470a (c)) and implementing regulations (36 CFR 61.5), the responsibility shall be permitted to be carried out by the appropriate local government body or official.
203 General Exceptions
203.1 General. Sites, buildings, facilities
and elements shall be exempt from these guidelines to the extent specified
203.2 Construction Sites. Structures, sites
and equipment directly associated with the actual processes of construction, including,
but not limited to scaffolding, bridging, materials hoists, materials storage,
or construction trailers are not required to be accessible. Portable toilet
units provided for use exclusively by construction personnel on a construction
site are not required to be accessible.
203.3 Employee Work Stations. Individual employee
work stations are not required to be accessible but shall be located on
an accessible route.
203.4 Raised Areas. Raised areas used primarily
for purposes of security, life safety, or fire safety, including but not limited
to observation galleries, prison guard towers, fire towers, or life guard stands
are not required to be accessible or to be served by an accessible route.
203.5 Limited Access Spaces. Spaces accessed
only by ladders, catwalks, crawl spaces, very narrow passageways, or tunnels are
not required to be accessible.
203.6 Equipment Spaces. Spaces frequented
only by service personnel for maintenance, repair, or occasional monitoring of
equipment are not required to be accessible. Such spaces include
but are not limited to 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.
203.7 Single Occupant Structures. Single occupant
structures accessed only by passageways below grade or elevated above grade, including
but not limited to toll booths that are accessed only by underground tunnels,
are not required to be accessible.
204 Protruding Objects
204.1 General. Protruding objects on circulation
paths shall comply with 307.
205 Controls and Operating Mechanisms
205.1 General. Controls and operating mechanisms
on accessible routes and in accessible rooms and spaces shall
comply with 309.
206 Accessible Routes
206.1 General. Accessible routes shall
be provided in accordance with 206.
206.2 Where Required. Accessible routes
shall be provided where required by 206.2.1 through 206.2.7 and shall comply with
206.2.1 Site Arrival Points. At least one accessible
route shall be provided within the boundary of the site from public
transportation stops, accessible parking spaces, passenger loading zones,
and public streets or sidewalks, to the accessible building entrance they
EXCEPTION: In alterations to qualified
historic buildings or facilities permitted by 202.5 to use alternative
requirements, at least one accessible route from a site access point to
an accessible entrance shall be provided.
206.2.2 Within a Site. At least one accessible
route shall connect accessible buildings, accessible facilities, accessible
elements, and accessible spaces that are on the same site.
EXCEPTION: An accessible route is not required
between accessible facilities that have as the only means of access between
them, a vehicular way not provided for pedestrian access.
206.2.3 Multi-level Buildings and Facilities.
At least one accessible route shall connect each level, including mezzanines,
in multi-story buildings and facilities.
1. An accessible route is not required to levels
located above or below the accessible level in buildings or facilities
that are less than three stories or that have less than 3000 square feet
per story unless the building is a shopping center, a shopping mall,
or the professional office of a health care provider, or another type of facility
as determined by the Attorney General.
2. In alterations to qualified historic buildings
or facilities where alternative requirements are permitted by 202.5, an
accessible route from an accessible entrance to all publicly used
spaces on at least the level of the accessible entrance shall be provided.
18.104.22.168 Stairs and Escalators in Existing Buildings.
In alterations and additions, where an escalator or stair is provided
where none existed previously and major structural modifications are necessary
for such installation, an accessible route shall be provided between the
levels served by the escalator or stair, unless exempted by 206.2.3.
206.2.4 Accessible Spaces and Elements. At least
one accessible route shall connect accessible building or facility
entrances with all accessible spaces and elements within the
building or facility which are otherwise connected by a circulation
EXCEPTION: An accessible route is not required
between levels where exempted by 206.2.3.
206.2.5 Restaurants and Cafeterias. In restaurants
and cafeterias, an accessible route shall be provided to all dining areas,
including raised or sunken dining areas, and outdoor seating areas.
1. In buildings without elevators, an accessible
route to a mezzanine dining area is not required, provided that the
mezzanine contains less than 25% of the total area for seating and dining
and the same services are provided in the accessible area.
2. In alterations, accessibility to raised or
sunken dining areas, or to all parts of outdoor seating areas is not required
provided that the same services and decor are provided in an accessible space
usable by the general public and not restricted to use by people with disabilities.
206.2.6 Performance Areas. An accessible route
shall be provided where a circulation path directly connects a performance
area to an assembly seating area. An accessible route shall be provided
from performance areas to ancillary areas or facilities used by performers, In
alterations, where it is technically infeasible to alter all performance
areas to be on an accessible route, at least one of each type of performance
area shall be made accessible.
206.2.7 Raised Platforms. In banquet rooms or
spaces where a head table or speaker's lectern is located on a raised platform,
an accessible route shall be provided to the platform. Open edges of the
raised platform shall be obstructed by placement of tables or provided with edge
protection complying with 405.9.
206.3 Location. Accessible routes shall coincide
with or be located in the same area as a general circulation path. Where
the circulation path is interior, the accessible route shall also
206.4 Entrances. Accessible entrances
s hall be provided in accordance with 206.4.1 through 206.4.6.
1. Where an alteration includes alterations
to an entrance, and the building has an accessible entrance,
the altered entrance is not required to be accessible, unless required
by 202.4. Signs complying with 206.4.6 shall be provided.
2. In alterations to qualified historic buildings
or facilities permitted by 202.5 to use alternative requirements,
at least one accessible public entrance shall be provided. Where
no public entrance can be made accessible, then an unlocked entrance
not used by the general public shall be made accessible. The accessible
entrance shall have a notification system or shall be provided with remote
monitoring. Signs complying with 206.4.6 shall be provided at the
primary entrance and at the accessible entrance.
206.4.1 Parking Garage Entrances. Where direct
access to a building is provided for pedestrians from an enclosed parking
garage, at least one direct entrance from the garage to the building
shall be accessible.
206.4.2 Entrances from Tunnels or Elevated Walkways.
Where direct access is provided for pedestrians from a pedestrian tunnel or elevated
walkway to a building, at least one direct entrance to the building from each tunnel or walkway shall be accessible.
206.4.3 Public Entrances. In addition to accessible
entrances required by 206.4.1 and 206.4.2, at least 50 percent of all
other public entrances shall be accessible. At least one accessible
entrance shall be a ground floor entrance.
206.4.4 Tenant Spaces. At least one accessible
entrance shall be provided to each tenancy in a facility.
206.4.5 Service Entrances. If a service entrance
is the only entrance to a building or to a tenancy in a facility,
that entrance shall be accessible.
206.4.6 Signs. Where not all entrances
are accessible, accessible entrances shall be identified by the international
Symbol of Accessibility complying with 703.7 and directional signs
indicating the location of the nearest accessible entrance shall be provided
at inaccessible entrances. Directional signs shall comply with 703.4.
No signs are required where all entrances are accessible.
206.5 Doors and Doorways. Accessible doors
and doorways shall be provided in accordance with 206.5.1 and 206.5.2 and shall
comply with 404.
206.5.1 Accessible Entrances. Each accessible
entrance to a building or facility shall have at least one accessible
door or doorway.
206.5.2 Accessible Rooms and Spaces. Within a
building or facility, at least one door or doorway serving each
accessible room or space shall be accessible.
206.6 Elevators. New passenger elevators shall
comply with 407.2 or 407.3. Where multiple elevators are provided.
each passenger elevator shall comply with 407.2 or 407.3.
EXCEPTION: Where an elevator is provided in a building
or facility eliglble for the exceptions to 206.2.3, the elevator
shall comply with 407.2, 407.3 or 407.4.
206.6.1 Existing Elevators. Altered elements
of existing elevators shall comply with 407.5. Such elements shall
also be altered in all elevators that are programmed to respond to the
same hall call control as the altered elevator and shall comply with the
requirements of 407.5.
206.7 Wheelchair (Platform) Lifts. Wheelchair
(platform) lifts shall be permitted as a component of an accessible route
in new construction as permitted by 206.7.1 through 206.7.3, and shall comply
with 408. Wheelchair (platform) lifts provided as a component of an accessible
route in an existing building shall comply with 408.
206.7.1 Performance Areas. Wheelchair (platform)
lifts shall be permitted to provide an accessible route to a performance
area in an assembly occupancy.
206.7.2 Wheelchair Spaces. Wheelchair (platform)
lifts shall be permitted to comply with the wheelchair space dispersion
and line-of-sight requirements of 221 and 802.
206.7.3 incidental Spaces. Wheelchair (platform)
lifts shall be permitted to provide an accessible route to incidental occupiable
spaces and rooms which are not open to the general public and which are occupied
by five persons maximum. including but not limited to equipment control rooms
and projection booths.
207 Accessible Means of Egress
207.1 General. All accessible spaces shall
be provided with not less than one accessible means of egress. Where more
than one means of egress is required from any accessible space. each accessible
portion of the space shall be served by not less than two accessible
means of egress. Accessible means of egress shall comply with 409.
1. Areas of refuge are not required in buildings
or facilities protected throughout by a supervised automatic sprinkler
2. Areas of refuge are not required in open parking
3. Accessible means of egress and areas of
refuge are not required in alterations to existing buildings.
207.2 Elevators. In buildings where a
required accessible floor is four or more stories above or below
a level of exit discharge, at least one required accessible means of egress
shall be an elevator complying with 409.3.
207.3 Signs. At exit stairways and elevators
serving a required accessible space, but not serving as an accessible
means of egress, directional signs indicating the location of accessible
means of egress shall be provided. Such signs shall comply with 703.4.