A., section 4. The path of travel requirements contained in the title III. ADA, 4. 2 U. S. C. The NPRM proposed amending Sec. II that are contained in the title III regulation to the title II. Proposed Sec. 3. 5. Proposed Sec. 3. 5. Sec. 3. 5. 1. 51b4 shall not apply to. Where the specific requirements for path of travel apply under. III, they are limited to the extent that the cost and scope of. Attorney General. The Access Board included the path of travel requirement for. ADAAG. Section 3. The NPRM also provided that areas such as supply storage rooms. Nor are. restroom areas considered to contain a primary function unless the. In that situation, a restroom would be. The Department is not changing the requirements for program. As provided in Sec. Sec. 3. 5. 1. 51b4 only apply to. The exemption for the specific. II program accessibility requirements in Sec. In. contrast, when areas are being altered to meet program accessibility. Standards. A. covered title II entity must provide accessibility to meet the. Sec. 3. 5. 1. 50 unless doing so is an undue financial. Sec. 3. 5. 1. 50a3. A. covered title II entity may not use the disproportionality exception. The undue financial and administrative burden. The Departments proposed Sec. Sec. 3. 6. 4. 03 of the title III regulation. Proposed Sec. 3. 5. The Department received a substantial number of comments. Departments adoption of the exemption for the path. These commenters argued. Department had no statutory basis for providing this. In addition, these. A number of commenters argued that doing away with the path. They argued that just as the requirement to provide. Several commenters expressed concern that a readily accessible path. Otherwise. they will not be able to access the public entitys service. Such access is a cornerstone of the. ADA. Another commenter argued that it. This commenter also stated. International Building Code IBC requires the path of. Another commenter opposed the exemption, stating that. In the Departments view, the commenters objecting to the path. Sec. 3. 5. 1. 51b2 did not. The exemption was not. Sec. 3. 5. 1. 49 and Sec. Rather, it. was intended to ensure that covered entities did not apply the path. Subpart that apply when making a facility accessible in order. The exemption was also. Sec. 3. 5. 1. 50a3. The. exemption was also provided to maintain consistency with the title. III path of travel exemption for barrier removal, see Sec. Departments regulatory authority. II of the ADA. See 4. U. S. C. 1. 21. 34b see also H. R. Rep. No. 1. 01. B4. 85, pt. 2, at 8. The committee intends. I and III of this legislation. For title II entities, the path of travel requirements are of. For example, a public. When the public entity makes those courtrooms and the. Standards unless the public entity can demonstrate that full. Sec. 3. 5. 1. 50a3. If such action would. When the public. entity is making modifications to meet its program access. Sec. 3. 5. 1. 51b4, which limits the requirement to those. If the public entity later decides to alter courtrooms in the other. Standards subject to the disproportionality. Sec. 3. 5. 1. 51b4. The Department has slightly revised proposed Sec. C Path of travel safe harbor In Sec. C of the NPRM, the Department. Standards are not required to retrofit those elements in order. Standards solely because. In these circumstances, the public entity is. Standards if the public entity is planning an. A substantial number of commenters objected to the Departments. Standards. These commenters. Standards for path of travel work. They also stated that. Standards. The ADA is silent on the issue of grandfathering or. The ADA delegates to the Attorney. General the responsibility for issuing regulations that define the. This regulation implements that delegation of. One commenter proposed that a previous record of barrier removal. Another commenter asked the Department to. Standards does not provide program access, particularly with regard. Standards, the safe. One commenter supported the proposal to add a safe harbor for. The final rule retains the safe harbor for required elements of. Standards with. respect to those required elements. The Department believes that. Standards. This safe harbor is not a blanket exemption for. If a public entity undertakes an alteration to a primary. Standards are subject to. Os Tres Mosqueteiros Pdf Creator there. If a public entity undertakes an alteration to a. Standards, then the. Standards. 3. 5. Alterations to historic facilities The final rule renumbers the requirements for alterations to. Sec. 3. 5. 1. 51d1 and 2. Sec. 3. 5. 1. 51b3i and ii. Currently, the regulation. UFAS or section 4. Standards. See 2. CFR 3. 5. 1. 51d1. Section. 3. 5. 1. UFAS for alterations that commence on or after March 1. The. substantive requirement in current Sec. Sec. 3. 5. 1. 50 if it is not feasible to provide. Sec. 3. 5. 1. 51b3ii. Accessibility standards for new construction and. Section 3. 5. 1. 51c of the NPRM proposed to adopt ADA Chapter 1. ADA Chapter 2, and Chapters 3 through 1. Americans with. Disabilities Act and Architectural Barriers Act Guidelines 2. ADAAG into the ADA Standards for Accessible Design 2. Standards. As the Department has noted, the development of these. Access Board to update its guidelines, to make the Federal. Federal requirements with the private sector model. State and local building code. The full text of the 2. Standards is available for. ADA Home Page http www. Access Boards Web site http www. June 2. 4, 2. 01. The Access Board site also includes an. ADAABA. Guidelines, and a detailed comparison of the 1. Standards, the. 2. ADAABA Guidelines, and the 2. International Building Code. Section 2. 04 of the ADA, 4. U. S. C. 1. 21. 34, directs the Attorney. General to issue regulations to implement title II that are. Access. Board. The Attorney General or his designee is a statutory member. Access Board see 2. U. S. C. 7. 92a1Bvii and was. ADAAG. Nevertheless, during. NPRM, the Department reviewed the 2. ADAAG to determine if additional regulatory provisions were. As a result of this review, the Department decided to. Sec. 3. 5. 1. 51e h of. NPRM, to clarify how the Department will apply the proposed. Each of. these provisions is discussed below. Congress anticipated that there would be a need for close. ADA building requirements with State and local. Therefore, the ADA authorized the. Attorney General to establish an ADA code certification process. III of the ADA. That process is addressed in 2. CFR part. 3. 6, subpart F. Revisions to that process are addressed in the. III regulation published elsewhere in. Federal Register today. In addition, the Department operates an. The Department anticipates. Section 3. 5. 1. 51c of the 1. II regulation establishes. Under. paragraph c, design, construction, or alteration of facilities in. UFAS or with the 1. Standards which, at the time. Americans with Disabilities Act Accessibility Guidelines for. Buildings and Facilities 1. ADAAG is deemed to comply with the. Standards are chosen, the elevator. The 1. 99. 1 Standards were based on the 1.