
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12183]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
 SUBCHAPTER III--PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE 
                                ENTITIES
 
Sec. 12183. New construction and alterations in public 
        accommodations and commercial facilities
        

(a) Application of term

    Except as provided in subsection (b) of this section, as applied to 
public accommodations and commercial facilities, discrimination for 
purposes of section 12182(a) of this title includes--
        (1) a failure to design and construct facilities for first 
    occupancy later than 30 months after July 26, 1990, that are readily 
    accessible to and usable by individuals with disabilities, except 
    where an entity can demonstrate that it is structurally 
    impracticable to meet the requirements of such subsection in 
    accordance with standards set forth or incorporated by reference in 
    regulations issued under this subchapter; and
        (2) with respect to a facility or part thereof that is altered 
    by, on behalf of, or for the use of an establishment in a manner 
    that affects or could affect the usability of the facility or part 
    thereof, a failure to make alterations 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. Where the 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 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) Elevator

    Subsection (a) of this section shall not be construed to require the 
installation of an elevator for facilities that are less than three 
stories or have less than 3,000 square feet per story unless the 
building is a shopping center, a shopping mall, or the professional 
office of a health care provider or unless the Attorney General 
determines that a particular category of such facilities requires the 
installation of elevators based on the usage of such facilities.

(Pub. L. 101-336, title III, Sec. 303, July 26, 1990, 104 Stat. 358.)


                             Effective Date

    Section effective 18 months after July 26, 1990, see section 310(a), 
(b) of Pub. L. 101-336, set out as a note under section 12181 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12184, 12186, 12188, 12209 
of this title; title 2 section 1331; title 3 section 421.
