1997-037-RES WHEREAS, TEXAS DEPT OF HOUSING AND COMMUNITY AFFAIRS PROVIDES FUNDING

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.1040 Americans with Disabilities Act However, section 504 does require recipients of federal fmancial assistance to renovate or build new facilities when that is the only way to achieve accessibility, which is not required by the ADA. Inaccessible facilities are discriminatory if they compromise the overall accessibility of a federal fund recipient's pro- grams and facilities. Existing facilities need not be made architecturally accessible unless this is the only means of achieving program accessibility under section 504. However, like the ADA, section 504 requires that all new facilities be architecturally accessible (see Chapter 400), New construction The ADA requires all newly built non-residential construction that will be used for public access by patrons, clients or employees to be accessible to disabled people. It requires public accommodations and commercial facilities that have complete building permits filed after Jan. 26, 1992, and will be ready for fIrst occupancy after Jan. 26, 1993, to be designed and constructed so they are "readily accessible to and usable by" individuals with disabilities, except where an entity can demonstrate that it is structurally impossible to do so. The language of this section is purposefully broad to ensure that all new facilities are built so that they are accessible to all individuals. For example, office buildings, factories and other places of employment come within this section, even though they may not be open to the general public. The phrase "readily accessible to and usable by" is used in the Architectural Barriers Act of 1968 the Fair Housing Act of 1968 and the regulations implementing section 504. It is also included in the UF AS and ANSI standards (see ~530). Essentially, the term means that patrons and employees of public accommoda- tions and commercial facilities must be able to approach, enter and use the facility. The term does not necessarily require that every part of every area of a facility be accessible. However, it does require a high degree of accessibility, including access to parking areas, accessible routes into and from the facility, usable bathrooms and water fountains, and access to the goods, services and programs of the facility (as with section 504 _ see ~410). For a store, this means that patrons can reach the store. enter it, and reach the areas where the goods are provided. The same degree of access is required to allow employees a path of travel around a work area and adequate space to use office furniture and equipment. Alterations to existing structures The provisions of the ADA that govern accessibility of new construction also apply to alterations of existing structures where the commercial facility has itself chosen to renovate, Other than the requirement to remove readily achievable barriers. the provision does not require alterations, but it mandates that when alterations are undertaken, they must be made so that, to the maximum extent feasible, the altered area is readily accessible to and usable by individuals with disabilities, Minor remodeling or redecorating changes, such as painting or papering walls, replacing ceiling tiles, and other similar modifIcations that do not affect the usability of the facility, do not trigger the accessibility requirements. If alterations are made to a "primary function area" of a building, the "path of travel," restrooms, telephone and water fountain serving that area must also be made accessible, unless the cost of doing so Tab,1000 . Page 108 November 1991 Handicapped Requirements Handbook