yvette, first you have to figure out WHAT regulations apply. you referenced ADA, but people often use that term as an easy way of saying "all applicable accessibility regulations.", and that might be your intention here.
In order to provide a more accurate response, please answer the following:
- In what city and state are the apartment buildings located? (That tells us the appliable local building code).
- Are the apartments considered "public housing"? Did they utilize any public money for their construction or the land purchase, or for project based rental voucher subsidies? (This is when ADA would apply, and possibly Section 504/UFAS if federal funds, in addition to local codes.
- When were the apartments first constructed? (This tells us when the Fair Housing Act would apply.)
- Do any of the decks on question serve as the path of travel to a leasing office or other place of business on the apartment property? (Business offices are a place of public accommodation and are subject to ADA regardless of whether or not you are doing work on the building).
In general, non-structural repairs and ongoing maintenance do not, in and of themselves, trigger accessibility upgrades.
But if the answer to questions 2 or 4 is "yes", then you may already have an ADA obligation, and you would then look at the
2010 ADA Standards to find out how that impacts a proposed alteration.
Definition of "Alteration":
Alteration. A change to a building or facility that affects or could affect the usability of the building or facility or portion thereof. Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration,
resurfacing of circulation paths or vehicular ways, changes or rearrangement of the structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.
202 Existing Buildings and Facilities
202.1 General. Additions and alterations to existing buildings or facilities shall comply with 202.
202.3 Alterations. Where existing elements or spaces are altered, each altered element or space shall comply with the applicable requirements of Chapter 2.
EXCEPTIONS:
- Unless required by 202.4, where elements or spaces are altered and the circulation path to the altered element or space is not altered, an accessible route shall not be required.
- In alterations, where compliance with applicable requirements is technically infeasible, the alteration shall comply with the requirements to the maximum extent feasible.
- Residential dwelling units not required to be accessible in compliance with a standard issued pursuant to the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973, as amended, shall not be required to comply with 202.3.
Advisory 202.3 Alterations
Although covered entities are permitted to limit the scope of an alteration to individual elements, the alteration of multiple elements within a room or space may provide a cost-effective opportunity to make the entire room or space accessible. Any elements or spaces of the building or facility that are required to comply with these requirements must be made accessible within the scope of the alteration, to the maximum extent feasible. If providing accessibility in compliance with these requirements for people with one type of disability (e.g., people who use wheelchairs) is not feasible, accessibility must still be provided in compliance with the requirements for people with other types of disabilities (e.g., people who have hearing impairments or who have vision impairments) to the extent that such accessibility is feasible.
202.3.1 Prohibited Reduction in Access. An alteration that decreases or has the effect of decreasing the accessibility of a building or facility below the requirements for new construction at the time of the alteration is prohibited.
202.3.2 Extent of Application. An alteration of an existing element, space, or area of a building or facility shall not impose a requirement for accessibility greater than required for new construction.
202.4 Alterations Affecting Primary Function Areas. In addition to the requirements of 202.3, an alteration that affects or could affect the usability of or access to an area containing a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area, including the rest rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, unless such alterations are disproportionate to the overall alterations in terms of cost and scope as determined under criteria established by the Attorney General. In existing transportation facilities, an area of primary function shall be as defined under regulations published by the Secretary of the Department of Transportation or the Attorney General.
EXCEPTION: Residential dwelling units shall not be required to comply with 202.4.
Advisory 202.4 Alterations Affecting Primary Function Areas
An area of a building or facility containing a major activity for which the building or facility is intended is a primary function area. Department of Justice ADA regulations state, “Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.” (28 CFR 36.403 (f)(1)). See also Department of Transportation ADA regulations, which use similar concepts in the context of public sector transportation facilities (49 CFR 37.43 (e)(1)).
There can be multiple areas containing a primary function in a single building. Primary function areas are not limited to public use areas. For example, both a bank lobby and the bank’s employee areas such as the teller areas and walk-in safe are primary function areas.
Also, mixed use facilities may include numerous primary function areas for each use. Areas containing a primary function do not include: mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, or restrooms.
