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Section 36.404 Alterations: Elevator Exemption Section 36.404 implements the elevator exemption in section 303(b) of the Act as it applies to altered facilities. The provisions of section 303(b) are discussed in the preamble to Sec. 36.401(d) above. The statute applies the same exemption to both new construction and alterations. The principal difference between the requirements of Sec. 36.401(d) and Sec. 36.404 is that, in altering an existing facility that is not eligible for the statutory exemption, the public accommodation or other private entity responsible for the alteration is not required to install an elevator if the installation of an elevator would be disproportionate in cost and scope to the cost of the overall alteration as provided in Sec. 36.403(f)(1). In addition, the standards referenced in Sec. 36.406 (ADAAG) provide that installation of an elevator in an altered facility is not required if it is technically infeasible. This section has been revised to define the terms professional office of a health care provider and shopping center or shopping mall for the purposes of this section. The definition of professional office of a health care provider is identical to the definition included in Sec. 36.401(d).
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