“Affected Buildings” and related facilities includes any place of: ORS 447.210(1), ORS 447.220
- Government buildings that are subject to Title II of the Americans with Disabilities Act.
- Public accommodations, a facility whose operations affect commerce and fall within at least one of the following categories: ORS 447.210(11)
- Places of lodging not including owner-occupied establishments renting fewer than six rooms;
- Establishments serving food or drink;
- Places of exhibition or entertainment;
- Places of public gathering; (e.g. auditoriums)
- Sales or rental establishments; (e.g. grocery)
- Service establishments; (e.g. laundromats, Bank)
- Public transportation terminals, depots or stations;
- Places of public display or collection; e.g. museum
- Places of recreation; (e.g. parks, zoos)
- Places of education; (e.g. nursery, K-12)
- Social service center establishments; and
- Places of exercise or recreation. (e.g. gymnasiums, health spas, bowling alleys, golf courses)
- Public Commercial Facilities, include nonresidential facilities, office buildings, factories and warehouses, whose operations affect commerce. ORS 447.210(4)
- Private Entities, privately owned offering examinations or courses related to applications, licensing, certification or credentials for secondary or post-secondary education, professional or trade purposes, private membership clubs and churches with: ORS 447.210(10)
- More than one floor level; and
- More than 4,000 square feet in ground area; or
- More than 20 feet in height, measured from the top surface of the lowest flooring to the highest interior overhead finish of the building.
- Related Facilities building site improvements including, but not limited to, parking lots, passageways, roads, clustered mailboxes located either on the site or in an adjacent public right of way or any other real or personal property located on the site. ORS 447.210(12)
“Alterations Affecting an Area of Primary Function” are those alterations that could affect the accessibility to an area of primary function, or the usability of an area of primary function. For example, these alterations could include changes to on-site parking, exterior walkways, building entries, changes of elevations within buildings and new or relocated interior walls in areas of primary function or in the path of travel to an area of primary function. These alterations usually would not include exterior façade or roof improvements, seismic upgrades, or utilities, plumbing, electrical and mechanical work, except those items that are subject to an accessibility standard such as clearances, mounting heights and reach ranges for controls and plumbing fixtures, etc. the “Alterations to primary function area” the areas and elements being altered must comply with the accessibility standards for new construction. In addition, to the route and amenities that serve a primary function area. BCD 14-01, IEBC 305.7, ADA 28 CFR 35.151(c)
“Architectural Barriers” are physical design features that restrict the full use of affected buildings and their related facilities by persons with disabilities. ORS 447.210(3)
“Barrier Removal Improvement Plan” is approved in statute as an alternate method to spending up to 25% of the alteration that affects usability of the area of primary function. The plan shall provide an equivalent or greater level of barrier removal than required by ORS 447.241. ORS 447.241(7)(a)
"Disproportionate" when the cost exceeds 25% of the alteration to the area of primary function. The determination is explained in the ADA Title II and Title III Technical Assistance Manuals. ORS 447.241(2)
“Path of Travel” It is a continuous route connecting the altered area to the parking area or sidewalk. It includes the building entrance, lobbies, corridors, rooms, elevators, phones, restrooms, drinking fountains and other amenities that are provided in the facility which serving the altered area. ADA Title III-6.2000
“Primary Function” is a major activity for which the facility is intended. It is any area where a major activity takes place. It includes both the customer services areas and work areas in places of public accommodation. Hallways, entrances restrooms, mechanical rooms, boiler rooms, supply storage rooms, employee lounges, janitorial closets or locker rooms are not primary function areas. ORS 447.241(8), ADA Title III-6.2000
"Readily Achievable" The determinations as to which barriers can be removed without much difficulty or expense must be made on a case-by-case basis. Elements shall be provided in the following order: ORS 447.241(4)
A recommended list of readily achievable modifications examples: ADA Title III-4.4200
- Installing ramps;
- Making curb cuts in sidewalks and entrances;
- Repositioning shelves;
- Rearranging tables, chairs, vending machines, display racks, and other furniture;
- Repositioning telephones;
- Adding raised markings on elevator buttons;
- Installing flashing alarm lights;
- Widening doors;
- Installing offset hinges to widen doorways;
- Providing an alternative accessible path;
- Installing accessible door hardware;
- Installing grab bars in toilet stalls;
- Rearranging toilet partitions maneuvering space;
- Insulating lavatory pipes under sinks;
- Installing a raised toilet seat;
- Installing a full-length bathroom mirror;
- Repositioning the paper towel dispenser;
- Creating designated accessible parking spaces;
- Installing an accessible paper cup dispenser at an existing inaccessible water fountain;
- Removing high pile, low density carpeting; or
- Installing vehicle hand controls.
Factors that impose undue hardship of significant difficulty or expense: ADA Title III-4.3600
“Safe Harbor Rule”, Element-by-Element. The elements in covered facilities were built or altered before March 15, 2012 in compliance with the 1991 Standards, and would not be required to be brought into compliance with the 2010’s until the elements were subject to a planned alteration. A similar safe harbor applies to "path of travel" elements. The US Department of Justice and the federal courts are the only entities with authority to determine if an existing condition falls under the safe harbor rule.
ADA 35.151(b)(4)(ii)(C)