Quick answer
When you alter a primary function area of a commercial building, such as a sales floor, dining room or office area, the ADA requires the path of travel to that area, plus the restrooms, phones and drinking fountains serving it, to be made accessible. You are not required to spend more than 20% of the cost of the alteration on those path-of-travel upgrades, but you must spend up to that amount, in a set priority order.
Owners are often surprised that a remodel of the sales floor brings comments about the parking lot, the entrance and the restrooms. This is the rule behind those comments.
What triggers the rule
The rule applies when an alteration affects the usability of a primary function area, meaning a space where the main activity of the business happens. Work that does not affect usability, such as replacing HVAC equipment, re-roofing or electrical upgrades, generally does not trigger it on its own.
What the path of travel includes
The continuous route from the site arrival points and entrance to the altered area, and the restrooms, telephones and drinking fountains that serve it.
The 20% disproportionate-cost limit
If making the full path of travel accessible would cost more than 20% of the cost of the alteration to the primary function area, it is considered disproportionate. You must still spend up to 20% on accessibility, in this priority order:
- An accessible entrance
- An accessible route to the altered area
- At least one accessible restroom for each sex, or a single-user restroom
- Accessible telephones
- Accessible drinking fountains
- Other elements, such as parking, storage and alarms
No splitting projects
Breaking a remodel into a series of small jobs does not avoid the rule. The ADA rules look at the total cost of alterations over the preceding three years when deciding what is required.
State rules can be stricter
Some states set their own triggers. California, for example, applies a separate valuation threshold under its building code. Your drawings must satisfy the stricter rule.
How we help
We review the existing site and building, list the path-of-travel deficiencies, rank the fixes against the 20% limit, and show the required upgrades on the permit drawings, so the plan reviewer sees a clear, compliant approach. See ADA restroom requirements.
What to send us
- Address and a description of the remodel, with its construction budget
- Photos of the parking, entrance, route and restrooms
- Existing floor plans if available
Common questions
Does the 20% rule apply to small businesses?
Yes. The rule applies to alterations of places of public accommodation regardless of business size.
Is the 20% a maximum or a minimum?
Both, in a sense: you do not have to exceed 20% of the alteration cost on path-of-travel upgrades, but you are expected to spend up to that amount where deficiencies exist.
Does replacing flooring trigger ADA upgrades?
Work that alters the usability of a primary function area can. Your design professional and the plan reviewer decide based on the actual scope.
What is a primary function area?
An area where the main activities of the business happen, such as a sales floor, dining area or office space, rather than mechanical rooms or janitor closets.