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Paragraph (b)(2) of this final rule was added to clarify the scope
of the alterations requirement. Paragraph (b)(2) provides that if
existing elements, spaces, or common areas are altered, then each such
altered element, space, or area shall comply with the applicable
provisions of appendix A (ADAAG). As provided in Sec. 36.403, if an
altered space or area is an area of the facility that contains a primary
function, then the requirements of that section apply.
Therefore, when an entity undertakes a minor alteration to a place
of public accommodation or commercial facility, such as moving an
electrical outlet, the new outlet must be installed in compliance with
ADAAG. (Alteration of the elements listed in Sec. 36.403(c)(2) cannot
trigger a path of travel obligation.) If the alteration is to an area,
such as an employee lounge or locker room, that is not an area of the
facility that contains a primary function, that area must comply with
ADAAG. It is only when an alteration affects access to or usability of
an area containing a primary function, as opposed to other areas or the
elements listed in Sec. 36.403(c)(2), that the path of travel to the
altered area must be made accessible.
(Just notes)
