There are several issues you need to consider when determining if the
Americans with Disabilities Act would require you to install an elevator (is
it new construction, i.e. post 1991? was it renovated recently? Is it a
private or public building? Government building?). And, you need to check
whether you fall under the Architectural Barriers Act of 1968 (federal
buildings and those built with federal funds). In addition, you need to look
at your obligations under Section 504 of the 1973 Rehabilitation Act.  You
can find an excellent  brief booklet called "A Guide to Disability Rights
Law" that outlines these various laws at:
http://www.usdoj.gov/crt/ada/publicat.htm

Whether or not you can make the exhibit area physically accessible through
the installation of an elevator, use of ramps, wheelchair lifts, etc. you
still have an obligation to make the program accessible, especially under
Section 504 of the Rehab Act (which is triggered if you receive any kind of
federal funding whether directly or indirectly.  There is no such thing as
"grandfathering" in non-compliance. You must make a good faith effort and
take steps that are readily achievable to make the program accessible which
you can do through the use of virtual tours of the space that is
inaccessible, videos of the inaccessible areas, etc.

I've excerpted certain key sections from the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) which can be found at www.access-board.gov

Sincerely,
Betty Siegel
Manager of Accessibility
The John F. Kennedy Center for the Performing Arts
(202) 416-8727 (voice)
(202) 416-8728 (TTY)
[log in to unmask]


Excerpts from the Americans with Disabilities Act Accessibility Guidelines:
The following is from the ADAAG and talks about elevators in new
construction, many renovations would also trigger the need to bring the
building into compliance with these standards, but not all.
http://www.access-board.gov/adaag/html/adaag.htm#4.10
4.1.3 Accessible Buildings: New Construction. Accessible buildings and
facilities shall meet the following minimum requirements:

(1) At least one accessible route complying with 4.3 shall connect
accessible building or facility entrances with all accessible spaces and
elements within the building or facility.

(2) All objects that overhang or protrude into circulation paths shall
comply with 4.4.

(3) Ground and floor surfaces along accessible routes and in accessible
rooms and spaces shall comply with 4.5.

(4) Interior and exterior stairs connecting levels that are not connected by
an elevator, ramp, or other accessible means of vertical access shall comply
with 4.9.

(5)* One passenger elevator complying with 4.10 shall serve each level,
including mezzanines, in all multi-story buildings and facilities unless
exempted below. If more than one elevator is provided, each passenger
elevator shall comply with 4.10.

EXCEPTION 1: Elevators are not required in:

(a) private facilities that are less than three stories or that have less
than 3000 square feet per story unless the building is a shopping center, a
shopping mall, or the professional office of a health care provider, or
another type of facility as determined by the Attorney General; or

(b) public facilities that are less than three stories and that are not open
to the general public if the story above or below the accessible ground
floor houses no more than five persons and is less than 500 square feet.
Examples may include, but are not limited to, drawbridge towers and boat
traffic towers, lock and dam control stations, and train dispatching towers.

The elevator exemptions set forth in paragraphs (a) and (b) do not obviate
or limit in any way the obligation to comply with the other accessibility
requirements established in section 4.1.3. For example, floors above or
below the accessible ground floor must meet the requirements of this section
except for elevator service. If toilet or bathing facilities are provided on
a level not served by an elevator, then toilet or bathing facilities must be
provided on the accessible ground floor. In new construction, if a building
or facility is eligible for exemption but a passenger elevator is
nonetheless planned, that elevator shall meet the requirements of 4.10 and
shall serve each level in the building. A passenger elevator that provides
service from a garage to only one level of a building or facility is not
required to serve other levels.

4.1.6 Accessible Buildings: Alterations.
(k) EXCEPTION:

(i) These guidelines do not require the installation of an elevator in an
altered facility that is exempt from the requirement for an elevator under
4.1.3(5).

(ii) The exemption provided in paragraph (i) does not obviate or limit in
any way the obligation to comply with the other accessibility requirements
established in these guidelines. For example, alterations to floors above or
below the ground floor must be accessible regardless of whether the altered
facility has an elevator. If a facility subject to the elevator exemption
set forth in paragraph (i) nonetheless has a passenger elevator, that
elevator shall meet, to the maximum extent feasible, the accessibility
requirements of these guidelines.

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