How does the ADA distinguish between new construction and alterations?

How does the ADA distinguish between new construction and alterations?

• A. New construction must be accessible; alterations must be designed to provide access to the maximum extent feasible
• B. New construction and alterations both require full accessibility in all components
• C. Alterations must be avoided if cost is high
• D. New construction has no accessibility requirements

Answer: (B)

The important idea here is how accessibility requirements differ between new construction and alterations under the ADA. For new construction, accessibility is built into the project—the building must be designed and constructed so that it is accessible to people with disabilities across the required components. When an existing building is altered, the rule is to remove barriers to the maximum extent feasible; this means you try to make as much accessible as possible, but you aren’t required to make every single element accessible if doing so isn’t feasible or would be structurally impractical or prohibitively expensive. So the correct understanding is that new construction must be accessible, while alterations are designed to provide access to the maximum extent feasible. The idea that both must be fully accessible in all components ignores the feasibility limitations that apply to alterations.

The important idea here is how accessibility requirements differ between new construction and alterations under the ADA. For new construction, accessibility is built into the project—the building must be designed and constructed so that it is accessible to people with disabilities across the required components. When an existing building is altered, the rule is to remove barriers to the maximum extent feasible; this means you try to make as much accessible as possible, but you aren’t required to make every single element accessible if doing so isn’t feasible or would be structurally impractical or prohibitively expensive. So the correct understanding is that new construction must be accessible, while alterations are designed to provide access to the maximum extent feasible. The idea that both must be fully accessible in all components ignores the feasibility limitations that apply to alterations.