42 U.S.C. § 12183 — New construction and alterations in public accommodations and commercial facilities
submitted 36 years ago by Pub. L. 101-336 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 358 words · no verdicts yet
New buildings meant for public use must be accessible from the start. Renovations to existing buildings must also be made accessible, as much as feasible. Small buildings usually don't need elevators, but shopping centers and health care offices do.
This section has two lettered parts, (a) and (b).
(a) Application of term. Discrimination under section 12182(a) includes two things. First, failing to design and build a facility -- one meant for first use more than 30 months after July 26, 1990 -- so that it's readily accessible to disabled people, unless the owner* can show it was structurally impossible to meet the standard set in regulations. Second, when a facility (or part of one) is altered in a way that affects usability, failing to make that alteration accessible to the maximum extent feasible. If the alteration touches an area with a "primary function" -- a key part of the business -- the entity must also, to the maximum extent feasible, make the path leading to that area accessible, along with any bathrooms, telephones, or drinking fountains serving it. That extra requirement doesn't apply if making the path and those extra features accessible would be disproportionately expensive compared to the overall alteration, under criteria the Attorney General sets.
(b) Elevator. Subsection (a) does not require installing an elevator in a building with fewer than three stories, or with less than 3,000 square feet per story. But that exception doesn't apply to shopping centers, shopping malls, or the professional offices of health care providers -- those need elevators regardless of size. The Attorney General can also decide that a whole category of buildings needs elevators, based on how those buildings are typically used.
Except as provided in subsection (b), as applied to public accommodations and commercial facilities*, discrimination for purposes of section 12182(a) of this title includes—
a failure to design and construct facilities for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this subchapter; and
with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General).
Subsection (a) shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities.
Source credit: (Pub. L. 101–336, title III, § 303, July 26, 1990, 104 Stat. 358.)
- 1990Enacted · Pub. L. 101-336 · 104 Stat. 358
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-336 on 1990-07-26.
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