3411.7.1 Disproportionate Costs and Alternative Compliance
Alterations required to be made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds twenty percent of the cost of the alteration to the primary function area. The determination of disproportionate costs shall be made and applied in accordance with the following:
- Costs that may be counted as expenditures required to provide an accessible path of travel may include:
- 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;
- Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls;
- Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a telecommunications device for deaf persons (TDD);
- Costs associated with relocating an inaccessible drinking fountain.
- Required accessible features in the event of disproportionality.
- When the cost of alterations necessary to make the path travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.
- In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:
- An accessible entrance.
- An accessible route to the altered area.
- At least one accessible restroom for each sex or a single unisex restroom.
- Accessible telephones.
- Accessible drinking fountains.
- When possible, additional accessible elements such as parking, storage, and alarms.
- Series of smaller alterations. The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking.
- If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate.