106.5.25 Disproportionality

Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.Costs that may be counted as expenditures required to provide an accessible path of travel may include:

1. Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;
2. Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;
3. Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a text telephone (TTY); and
4. Costs associated with relocating an inaccessible drinking fountain.

All determinations of disproportionality are made by the Department in accordance with the variance procedures contained in Chapter 68, Texas Administrative Code.