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Some commenters sought clarification of the intended scope of this
section. The proposed rule contained illustrations of changes that
affect usability and those that do not.
[[Page 718]]
The intent of the illustrations was to explain the scope of the
alterations requirement; the effect was to obscure it. As a result of
the illustrations, some commenters concluded that any alteration to a
facility, even a minor alteration such as relocating an electrical
outlet, would trigger an extensive obligation to provide access
throughout an entire facility. That result was never contemplated.
Therefore, in this final rule paragraph (b)(1) has been revised to
include the major provisions of paragraphs (b)(1) and (b)(2) of the
proposed rule. The examples in the proposed rule have been deleted.
Paragraph (b)(1) now provides that alterations include, but are not
limited to, remodeling, renovation, rehabilitation, reconstruction,
historic restoration, changes or rearrangement in structural parts or
elements, and changes or rearrangement in the plan configuration of
walls and full-height partitions. Normal maintenance, reroofing,
painting or wallpapering, asbestos removal, or changes to mechanical and
electrical systems are not alterations unless they affect the usability
of building or facility.
(Just notes)
