(2) Alterations made to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds 25 percent of the alteration to the primary function area.
(3) If the cost of alterations to make the paths of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the paths of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.
(4) In choosing which accessible elements to provide under this section, priority shall be given to those elements that will provide the greatest access. Elements shall be provided in the following order:
(a) Parking;
(b) An accessible entrance;
(c) An accessible route to the altered area;
(d) At least one accessible rest room for each sex or a single unisex rest room;
(e) Accessible telephones;
(f) Accessible drinking fountains; and
(g) When possible, additional accessible elements such as storage and alarms.
(5) A series of small alterations to an area served by a single path of travel does not satisfy the obligation to provide an accessible path of travel created under subsection (1) of this section.
(6) If an area containing a primary function has been altered without providing an accessible path of travel to the area and subsequent alterations affecting the same path of travel are undertaken within three years of the original alteration, the total cost of the alterations to the primary function area on the path of travel during the preceding three-year period shall be considered in determining whether the cost of making the path of travel accessible is disproportionate.
(7)(a) A barrier removal improvement plan may satisfy the requirements of subsection (1) of this section. The plan shall require an equivalent or greater level of barrier removal than required by subsection (1) of this section.
(b) The barrier removal improvement plan shall include:
(A) A letter of participation from the building owner;
(B) A building survey that identifies existing architectural barriers;
(C) An improvement plan and time schedule for removal of architectural barriers; and
(D) An implementation agreement.
(c) The barrier removal improvement plan may be reviewed and accepted through the waiver process under ORS 447.250. The plan shall be reviewed upon completion or every three years for compliance with the requirements of this section.
(8) For purposes of this section, "primary function" is a major activity for which the facility is intended. [1993 c.503 ยง7]
Structure 2021 Oregon Revised Statutes
Chapter 447 - Plumbing; Architectural Barriers
Section 447.010 - Definitions for ORS 447.010 to 447.156 and 447.992.
Section 447.020 - Plumbing to conform to state building code; rules; enforcement.
Section 447.026 - Identification on potable water pipe required.
Section 447.040 - Plumbing contractor license.
Section 447.060 - Engaging in certain plumbing work not affected.
Section 447.065 - Solar heating and cooling systems.
Section 447.072 - Plumbing permit and inspection exemptions; rules.
Section 447.076 - Inspection of minor plumbing installations; rules.
Section 447.095 - Fee schedule; inspection agreements with governmental units.
Section 447.100 - Restriction on tank-type water closets in certain buildings.
Section 447.118 - Standards for compost toilets; rules; security required of certain installers.
Section 447.140 - Waste water and sewage from plumbing fixtures; requirements; prohibitions.
Section 447.145 - Standards for fixtures; exemptions; rules.
Section 447.152 - Plumbing products rules; standards; certification.
Section 447.154 - Plumbing product exemption; rules; installation.
Section 447.156 - Sale of uncertified plumbing products prohibited; rules; remedy of purchaser.
Section 447.210 - Definitions for ORS 447.210 to 447.280.
Section 447.230 - Standards and specifications to eliminate architectural barriers.
Section 447.233 - Accessible parking space requirements; inspection of spaces; violation.
Section 447.247 - Elevators required; criteria; rules.
Section 447.255 - Access to lottery-funded facilities by persons with disabilities.