Existing Buildings - General Concept and Requirements

When making alterations, structural repairs, or additions to existing buildings and facilities, you must comply with the accessibility provisions that apply to new buildings—with specific modifications outlined below. This section explains when and how accessibility requirements apply to renovation projects.

Understanding the Scope of Required Accessibility

All existing buildings undergoing alterations, structural repairs, or additions must comply with provisions for:

Site Accessibility
Accessibility for Entrances, Exits and Paths of Travel
New Buildings standards (except as modified in this section)

These requirements apply only to the area of specific alteration, structural repair or addition, and must also include the following additional areas and facilities:

A primary entrance to the building or facility
The primary path of travel to the specific area of alteration, structural repair or addition
Sanitary facilities, drinking fountains and public telephones serving the area

The Five Features Concept

When planning an alteration or renovation project, you must consider accessibility upgrades to what are commonly referred to as the "Five Features":

An accessible entrance
An accessible path of travel from arrival points
Accessible sanitary facilities (1 per sex)
An accessible drinking fountain
An accessible public phone

The cost of upgrading these five features determines whether your project qualifies for an "unreasonable hardship" exception.

Determining Unreasonable Hardship

When the total construction cost of alterations, structural repairs, or additions does not exceed a valuation threshold of $81,896.45 as of March 1996 (updated annually), you may request an unreasonable hardship determination from the building official.

An "unreasonable hardship" exists when the combined cost of the Five Features is disproportionate to the overall project cost:

$_____ accessible entrance
+ $_____ accessible path of travel from arrival points
+ $_____ accessible sanitary facilities (1 per sex)
+ $_____ accessible drinking fountain
+ $_____ accessible public phone
_________________________________________________________________
= $_____ total > 20% × cost of the project
= ("unreasonable hardship")

If this total exceeds 20% of your project cost, an unreasonable hardship may be established.

What Happens After Unreasonable Hardship is Granted

Once the building official grants an unreasonable hardship determination, compliance is limited to the actual work of the project. However, up to 20% of total construction cost (not including the Five Features noted above) must still be spent on making accessible elements comply in the following order of priority:

An accessible entrance
An accessible route to the altered area
At least one accessible restroom for each sex
Accessible telephones
Accessible drinking fountains
When possible, additional accessible elements such as storage and alarms

Buildings That Must Prioritize the Five Features

Regardless of the project budget, the following building types must allocate up to 20% of the project cost (computed without the cost of making the Five Features accessible) specifically toward making the Five Features accessible:

a. Office buildings & passenger vehicle stations that are:

Three or more stories, AND
3,000 or more square feet per floor

b. Offices of physicians & surgeons

c. Shopping centers (defined as one or more retail stores)

d. Other buildings that are:

Three or more stories, AND
Greater than 3,000 square feet per floor, AND
A reasonable portion of services sought by the public is available on the accessible level

Next Steps

After determining whether your project qualifies for an unreasonable hardship exception, review Existing Buildings - Additional Exceptions and Equivalent Facilitation to understand additional flexibility options and alternative compliance methods available for existing building projects.

For specific accessibility requirements that apply to different building elements, refer to: