ADA Frequently Asked Questions
Category: 2010 ADA Accessibility Standards
Question: #45
When making updates to a primary function area, like the dining area of a restaurant, does an entity also need to ADA or ABA Accessibility Standards make accessibility updates to the entrance, restrooms, and other inaccessible parts of the path of travel?
Answer:
Potentially, yes. Facilities required to comply with the 2010 ADA Standards (excluding residential dwelling units) are required to make additional accessibility updates to the path of travel if they are making alterations to areas containing a “primary function,” such as the dining area of a restaurant. (§202.4)
However, compliance updates to the path of travel have a cost cap called “disproportionality” within the ADA. Under this rule, the entity is not required to spend more than 20% of the total cost of the alterations to the primary function area on compliance updates for the path of travel.
Where costs for necessary path of travel alterations exceed this 20% limit, the updates should be prioritized in this order:
Resource(s):
Chapter 2: Alterations and Additions
Guide to the ADA Accessibility Standards
However, compliance updates to the path of travel have a cost cap called “disproportionality” within the ADA. Under this rule, the entity is not required to spend more than 20% of the total cost of the alterations to the primary function area on compliance updates for the path of travel.
Where costs for necessary path of travel alterations exceed this 20% limit, the updates should be prioritized in this order:
- An accessible entrance
- An accessible route to the primary function area
- Restroom access
- An accessible telephone
- An accessible drinking fountain
- Access to other elements such as parking and storage
Resource(s):
Chapter 2: Alterations and Additions
Guide to the ADA Accessibility Standards
