Library Building Alterations Under the Americans With Disabilities Act

Scott F. Uhler and Philippe R. Weiss

Introduction

Among other requirements, the Americans with Disabilities Act (ADA), adopted in 1990, states that each public library or library district must ensure that current facilities are "program accessible" to the disabled, that all renovations and modifications to its facilities comply with the Act, and that all efforts of compliance must be recorded in a continuously updated written self-evaluation. This article will address, in general, library obligations with respect to structural renovations under Title II of the ADA, which governs public libraries and other public entities.¹

It is important to become sufficiently familiar with the Act in order to identify the ADA'S specific physical accessibility requirements for libraries. These requirements may vary, depending on your own library's circumstances and whether any new construction or renovation has occurred since the ADA took effect.

Accessibility Requirements For Existing Library Facilities

At the date of this publication, all public libraries should already have completed a written self-evaluation and (for libraries with 50 or more employees) transition plan identifying and describing all required and completed structural and programmatic accessibility changes. In addition, if not already done, all structural modifications required for access to existing buildings and for program accessibility should be made promptly, since the final deadline for such modifications, Jan. 26,1995, has expired. However, Title II does not necessarily require the removal of architectural barriers in existing structures (that is in sites that have not been built or renovated since Title II's effective date, Jan. 26,1992). It stresses making the library's programs and services, rather than its physical buildings, accessible to all patrons. According to the preamble to Title II's regulations:

Structural changes (remedial physical changes) in existing facilities are required only when there is no other feasible way to make a public entity program accessible.

Moreover, actions to comply with Title II of the ADA are only required where they do not create undue financial and administrative burdens or result in a fundamental alteration in the nature of programs and activities.

Therefore, for libraries that have not yet done so, all physical and nonphysical barriers that deny or limit the participation of individuals with disabilities to existing buildings, programs, activities and services should be identified, and prompt remedial action to eliminate obstacles and to ensure equal participation should be taken.

II
Building Alterations or Additions

Library physical accessibility requirements are much more stringent in the case of building alterations and additions than they are for existing structures. When renovating any portion of a library, be aware that the ADA ² requires that altered areas and hallways leading to them must be physically accessible. According to the Act, altered library facilities must be readily accessible and usable by individuals with disabilities, if the alterations began after Jan. 26,1992.

"Readily accessible and usable" means that the facility must be designed, constructed or altered in compliance with a design standard sanctioned by the ADA. The ADA gives a choice of two standards that may be used: the Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). You may obtain copies of both the UFAS and ADAAG by writing or calling the Equal Employment Opportunity Commission or the U. S. Department of Justice.

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Public entities (including some libraries) that are recipients of federal funds are already subject to UFAS, which is the accessibility standard referenced in most federal governmental regulations. Unless a library is presently subject to UFAS, it is the library's decision as to which set of standards to apply. Once a set of standards has been selected, however, all subsequent alterations and construction must conform to that standard.

A. ADAAG and UFAS Standards

1. ADAAG: For alterations, structural compliance is not required where it would be "technically infeasible" (i.e., where application of the standards would involve removal of a load-bearing structural member or where existing physical or site restraints prevent compliance). This determination must be made by an architect,structural engineer or other individual with specific knowledge regarding buildings and construction. Expense of the alterations cannot be used as a justification for non-compliance.

a. Path of Travel: Alterations to primary function areas (where major activities take place) trigger a "path of travel" requirement, that is, a requirement to make the path of travel from the entrance to the altered area, and telephones, restrooms and drinking fountains serving the altered area, accessible. However, a library is not required to spend more than 20 percent of the cost of the original alteration on making a path of travel accessible, even if this cost limitation results in less than full accessibility.

b. Additions: Each addition to an existing building is regarded as an alteration subject to the ADAAG alteration requirements (including the triggering of path of travel obligations, if applicable). If the addition does not have an accessible entrance, the path of travel obligation usually requires an accessible route from the addition through the existing building, including its entrance and exterior approaches, subject to the 20 percent limitation. Moreover, to the extent that a space or element is newly constructed as part of an addition, it is also regarded as new construction and must comply with applicable new construction provisions of ADAAG (also found in the ADAAG guidelines).

2. UFAS: Application of standards is not required for alterations where making the renovated area accessible is "structually impracticable," that is: where removal of a load-bearing structural member is involved or where the result would be an increased cost of 50 percent or more of the value of the element involved. Expense is a factor and may be cited as a justification for non-compliance.

a. Substantial Alteration: If a building undergoes a "substantial alteration" (where the total cost of all alterations in a 12-month period amounts to 50 percent or more of the value of the library building), the public entity must provide an accessible route (path of travel) from public transportation, parking, streets and sidewalks to all accessible parts of the building; an accessible entrance and accessible restrooms.

b. Additions: All additions require accessible entrances, routes, restrooms and common areas. An accessible route (path of travel) from the addition through the existing building, including its entrance, is required if the addition does not have an accessible entrance.

3. Examples: Following are two examples of the obligations of a library relative to possible library alterations, under each of the two accessible design standards:

a. Example 1: Your library uses ADAAG as its design standard. You are seeking to remodel your computer room and plan on moving two plaster walls. The expected total cost of the renovation is $10,000 and the additional cost of making the computer room accessible is $1,000. Since the walls to be moved are not load-bearing members, the altered areas must be made fully accessible following all applicable ADAAG design requirements. However, the computer room is located at the rear of the library building, and the creation of an accessible path of travel will require moving a hallway wall at an estimated cost of $3,000. The hallway wall need not be moved under ADAAG since the cost of creating an accessible path of travel will exceed the 20 percent of the maximum contained in ADAAG. Of course, you should consider any feasible, less expensive approaches to create additional accessibility along the path of travel, and you also should ensure that disabled patrons can access computer resources (perhaps closer to the front entrance), just as non-disabled patrons do in the computer room.

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b. Example 2: Your library employs the UFAS standards. You are remodeling the same computer room as referred to in Example 1 and the cost of the remodeling is estimated at $10,000. However, due to the age and particular design of your library, making the renovated area accessible will cost an additional $5,000. Under UFAS full accessibility is not a requirement since the cost of the renovation will increase by 50 percent due to the accessibility changes. As in Example 1, however, less expensive approaches to achieve maximum accessibility should be considered. Under UFAS no accessible path of travel is required to be built to access the computer room unless the renovation was part of a substantial alteration, the total cost of which (during a one-year period) amounted to 50 percent or more of the total value of your library building.

Conclusion

Whether you are considering renovations or have not altered your library's layout in years, it is most important to study and familiarize yourself with the ADA and state accessibility requirements applicable to your library. It is equally important to periodically survey your building, including aisles, book stacks, study carrels and counters, to ensure that your library is program accessible.

Footnotes

1. This article will focus on patron access, rather than employee issues, under the Americans With Disabilities Act. Private libraries are subject to Title I and Title III of the Americans With Disabilities Act (which provide their own accessibility requirements), rather than Title II.

2. Public libraries also should be aware of the similar, though not identical, accessibility requirements contained in the Illinois Accessibility Code. These state rules relate to both existing and altered facilities and can be found in Title 71, Chapter 7, Section 400, of the Illinois Administrative Code.

*Scott F. Uhler is a partner and Philippe R. Weiss is an associate in the Illinois law firm of Klein, Thorpe and Jenkins, Ltd. with offices in Chicago and Orland Park. The firm concentrates its practice in representing libraries and library districts, among other governmental bodies. Articles copyright held by authors.

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