42 U.S.C. § 12147 : US Code - Section 12147: Alterations of existing facilities

Search 42 U.S.C. § 12147 : US Code - Section 12147: Alterations of existing facilities

(a) General rule
With respect to alterations of an existing facility or part
thereof used in the provision of designated public transportation
services that affect or could affect the usability of the facility
or part thereof, it shall be considered discrimination, for
purposes of section 12132 of this title and section 794 of title
29, for a public entity to fail to make such alterations (or to
ensure that the alterations are made) in such a manner that, to the
maximum extent feasible, the altered portions of the facility are
readily accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, upon the completion of
such alterations. Where the public entity is undertaking an
alteration that affects or could affect usability of or access to
an area of the facility containing a primary function, the entity
shall also make the alterations in such a manner that, to the
maximum extent feasible, the path of travel to the altered area and
the bathrooms, telephones, and drinking fountains serving the
altered area, are readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs, upon
completion of such alterations, where such alterations to the path
of travel or the bathrooms, telephones, and drinking fountains
serving the altered area are not disproportionate to the overall
alterations in terms of cost and scope (as determined under
criteria established by the Attorney General).
(b) Special rule for stations
(1) General rule
For purposes of section 12132 of this title and section 794 of
title 29, it shall be considered discrimination for a public
entity that provides designated public transportation to fail, in
accordance with the provisions of this subsection, to make key
stations (as determined under criteria established by the
Secretary by regulation) in rapid rail and light rail systems
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
(2) Rapid rail and light rail key stations
(A) Accessibility
Except as otherwise provided in this paragraph, all key
stations (as determined under criteria established by the
Secretary by regulation) in rapid rail and light rail systems
shall be made readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs,
as soon as practicable but in no event later than the last day
of the 3-year period beginning on July 26, 1990.
(B) Extension for extraordinarily expensive structural changes
The Secretary may extend the 3-year period under subparagraph
(A) up to a 30-year period for key stations in a rapid rail or
light rail system which stations need extraordinarily expensive
structural changes to, or replacement of, existing facilities;
except that by the last day of the 20th year following July 26,
1990, at least 2/3 of such key stations must be readily
accessible to and usable by individuals with disabilities.
(3) Plans and milestones
The Secretary shall require the appropriate public entity to
develop and submit to the Secretary a plan for compliance with
this subsection -
(A) that reflects consultation with individuals with
disabilities affected by such plan and the results of a public
hearing and public comments on such plan, and
(B) that establishes milestones for achievement of the
requirements of this subsection.