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When the proposed rule was drafted, the Department believed that the
rule made it clear that the ADA would require alterations to the path of
travel only when such alterations are not disproportionate to the
alteration to the primary function area. However, the comments that the
Department received indicated that many commenters believe that even
minor alterations to individual elements would require additional
alterations to the path of travel. To address the concern of these
commenters, a new paragraph (c)(2) has been added to the final rule to
provide that alterations to such elements as windows, hardware, controls
(e.g. light switches or thermostats), electrical outlets, or signage
will not be deemed to be alterations that affect the usability of or
access to an area containing a primary function. Of course, each element
that is altered must comply with ADAAG (appendix A) . The cost of
alterations to individual elements would be included in the overall cost
of an alteration for purposes of determining disproportionality and
would be counted when determining the aggregate cost of a series of
small alterations in accordance with Sec. 36.401(h) if the area is
altered in a manner that affects access to or usability of an area
containing a primary function.
(Just notes)
