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U.S. Code as of:
01/19/04
Section 12183. New construction and alterations in public accommodations and commercial facilities
(a) Application of term
Except as provided in subsection (b) of this section, as applied
to public accommodations and commercial facilities, discrimination
for purposes of section 12182(a) of this title includes -
(1) a failure to design and construct facilities for first
occupancy later than 30 months after July 26, 1990, that are
readily accessible to and usable by individuals with
disabilities, except where an entity can demonstrate that it is
structurally impracticable to meet the requirements of such
subsection in accordance with standards set forth or incorporated
by reference in regulations issued under this subchapter; and
(2) with respect to a facility or part thereof that is altered
by, on behalf of, or for the use of an establishment in a manner
that affects or could affect the usability of the facility or
part thereof, a failure to make alterations in such a manner
that, to the maximum extent feasible, the altered portions of the
facility are readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs. Where
the entity is undertaking an alteration that affects or could
affect usability of or access to an area of the facility
containing a primary function, the entity shall also make the
alterations in such a manner that, to the maximum extent
feasible, the path of travel to the altered area and the
bathrooms, telephones, and drinking fountains serving the altered
area, are readily accessible to and usable by individuals with
disabilities where such alterations to the path of travel or the
bathrooms, telephones, and drinking fountains serving the altered
area are not disproportionate to the overall alterations in terms
of cost and scope (as determined under criteria established by
the Attorney General).
(b) Elevator
Subsection (a) of this section shall not be construed to require
the installation of an elevator for facilities that are less than
three stories or have less than 3,000 square feet per story unless
the building is a shopping center, a shopping mall, or the
professional office of a health care provider or unless the
Attorney General determines that a particular category of such
facilities requires the installation of elevators based on the
usage of such facilities.
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