Defining Unreasonable Hardship
An alteration of an existing building or a facility in which compliance would make the specific work of the project infeasible based on:
- An overall evaluation of the cost to provide access;
- The overall cost of the proposed construction project;
- The impact of compliance on the financial feasibility of the project;
- The nature of accessibility to be gained or loss; and
- The nature of the use of the facility by people with disabilities.
The Americans with Disabilities Act Accessibility Guidelines (ADAAG) & Chapter 11B of the California Building Code (CBC) provide for exemption from reaching complete compliance with the standards of accessibility they establish, applicable only in alterations. An exception granted under these provisions cannot apply to new construction. The those codes and laws require the university to maintain records of any exemptions granted through this process. The provision defines undue hardship and describes exceptions to compliance in alterations as follows:
In alteration work, if compliance with the ADA & CBC would be an unreasonable hardship, the alteration shall provide accessibility to the maximum extent feasible. Any elements or features of the building or facility that are being altered and can be made accessible shall be made accessible within the scope of the alteration.