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CHAPTER 2: SCOPING REQUIREMENTS
 
201 Application
 
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 by 202.
 
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.
 
EXCEPTIONS:
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 the alteration.
 
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.
 
202.5.2.1 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.
 
202.5.2.2 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 by 203.
 
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 Chapter 4.
 
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 serve.
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.
EXCEPTIONS:
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.
 
206.2.3.1 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 path.
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.
EXCEPTIONS:
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 be interior.
 
206.4 Entrances. Accessible entrances s hall be provided in accordance with 206.4.1 through 206.4.6.
EXCEPTIONS:
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.
EXCEPTIONS:
1. Areas of refuge are not required in buildings or facilities protected throughout by a supervised automatic sprinkler system.
2. Areas of refuge are not required in open parking garages.
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.







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