New construction is defined as the design or construction of a facility for first occupancy.
A facility may be exempted from this requirement if it can demonstrate that it is structurally impracticable to comply. An alteration is a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility of any part thereof. Examples include additions, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full partitions. It does not include normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical or electrical systems unless they affect the usability of the building or facility. If the alteration affects or could affect the usability of or access to an area of a facility that contains a primary function, the path of travel to the altered areas and the restrooms, telephones and drinking fountains serving the altered area should, to the maximum extent feasible, be readily accessible to and usable by individuals with disabilities.