Analysis Of The Proposed Standarts (Appendix A) - Summary Of The Major Substantive Changes Proposed For The Scoping And Technical Requirements Page 3
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63are in existence at the time of issuance of the rules. The Department anticipates that the
Access Board will periodically update the ADAAG references. Until then, the
Department will retain the reference contained in the 2004 ADAAG.
106 Definitions
Various definitions will be added to the proposed standards and some current definitions
will be dropped.
One commenter asked that the term public right-of-way be defined; others asked that
various terms and words defined by the 1991 Standards, and that were eliminated from
the proposed standards, and other words and terms newly used in the proposed standards
be defined.
The Department believes that it is not necessary to add definitions to this text because the
proposed regulation at section 106.3 provides that the meanings of terms not specifically
defined in the proposed standards, in the Department’s regulation, or in referenced
standards are to be defined by collegiate dictionaries in the sense that the context
implies. The Department believes that this provision adequately addresses these
commenter’s issues.
Scoping and Technical Requirements
202 Existing Buildings and Facilities
Alterations to Primary Function Areas. A new provision at section 202.4 merely restates
a current requirement under Title III, and therefore represents no change for Title III
facilities or for those Title II facilities that currently have elected to comply with the 1991
Standards. However, under the revised provisions, state and local government facilities
that currently elect to comply with UFAS instead of the 1991 Standards will no longer
have that option, and thus will now be subject to the path of travel requirements. The
path of travel requirement provides that when a primary function area of an existing
facility is altered, the path of travel to that area (including rest rooms, telephones, and
drinking fountains serving the area) must also be made accessible, but only to the extent
that the cost of doing so does not exceed twenty percent (20%) of the cost of the
alterations to the primary function area. The UFAS requirements for a substantial
alteration, though different, may have covered some of the items that will now be covered
by the path of travel requirement.
Visible Alarms in Alterations to Existing Facilities. The 1991 Standards at sections
4.1.3(14), and 4.1.6(1) and (b), and proposed sections 202.3 and 215.1, Exception require
that when existing elements and spaces of a facility are altered, the alterations must
comply with new construction requirements. The proposed regulations add a new
exception to the scoping requirement for visible alarms in existing facilities that will
provide that visible alarms must be installed only when an existing fire alarm system is
upgraded or replaced, or a new fire alarm system is installed.
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