Existing Facilities, Alterations, and Transition Planning
Core concepts
Existing facilities are governed by program access (Title II) or barrier removal (Title III), not full new-construction compliance. Alterations must comply to the maximum extent feasible, and the altered element must comply with the applicable requirements. Know the path of travel obligation: when an alteration affects usability, the path of travel to the altered area must be upgraded up to 20 percent of the alteration cost.
Transition plans are required for Title II entities and describe how access will be achieved over time. Know what a transition plan contains: identification of barriers, a schedule, and responsible officials. Also understand disproportionate cost and technical infeasibility as limits.
Traps in questions
- Applying new-construction standards wholesale to existing facilities.
- Forgetting the 20 percent path-of-travel cap and its cost basis.
- Confusing barrier removal (readily achievable) with program access (undue burden).
- Missing that transition plans apply to public entities, not private businesses.
Worked example
A city renovates a polling place. Rule of thumb: the altered elements must comply, and the path of travel must be upgraded up to 20 percent of the alteration cost. If full compliance is technically infeasible, document the basis and provide the maximum feasible access.
Study tip
Memorize the three project types and their triggers. Most existing-facilities questions turn on identifying the project type first.