Module D - Slide 9


In modifying existing facilities, where no work is planned, these modifications will mainly be in response to requests, or as part of a transition plan. There is a requirement to provide program access and there is the greatest flexibility in following new construction guidelines in this kind of situation. The modification could be something that works for the person who made the request, but does not comply with new construction standards.

Other exceptions spelled out in ADA regulations are that the program can be viewed in its entirety, a fundamental alteration is not required, and there are allowances for undue financial and administrative burden.

Viewing the program in its entirety may allow the delaying of an APS modification or installation if there is an installation at the next intersection.

A fundamental alteration of the program is not required, so for example, if the program is a sidewalk or street crossing and there is no pedestrian facilities, the ADA may not require the installation of facilities. The ‘fundamental alteration” clause has most commonly been applied to modifications to historic properties.

Undue financial and administrative burden is defined as applying to entire financial resources of program, not just the project resources, so the entire transportation budget would be considered, not just the part that has been budgeted for a particular project.