42 U.S.C. § 12183 — New construction and alterations in pub-

Page 8261 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12184 1 So in original. Probably should be ‘‘an’’. (Pub. L. 101–336, title III, § 302, July 26, 1990, 104 Stat. 355.) Editorial Notes REFERENCES IN TEXT For the effective date of this subparagraph, referred to in subsec. (b)(2)(B), (C)(ii), see section 310 of Pub. L. 101–336, set out as an Effective Date note under section 12181 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, but with subsec. (a) of this section (for purposes of subsec. (b)(2)(B), (C) only) effective July 26, 1990, and with cer- tain qualifications with respect to bringing of civil ac- tions, see section 310 of Pub. L. 101–336, set out as a note under section 12181 of this title. § 12183. New construction and alterations in pub- lic accommodations and commercial facili- ties (a) Application of term Except as provided in subsection (b), as ap- plied to public accommodations and commercial facilities, discrimination for purposes of section 12182(a) of this title includes— (1) a failure to design and construct facili- ties 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 re- quirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this sub- chapter; 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 individ- uals with disabilities, including individuals who use wheelchairs. Where the entity is un- dertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the en- tity 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 foun- tains serving the altered area are not dis- proportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (b) Elevator Subsection (a) shall not be construed to re- quire the installation of an elevator for facili- ties that are less than three stories or have less than 3,000 square feet per story unless the build- ing 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, § 303, July 26, 1990, 104 Stat. 358.) Statutory Notes and Related Subsidiaries 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. § 12184. Prohibition of discrimination in speci- fied public transportation services provided by private entities (a) General rule No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is pri- marily engaged in the business of transporting people and whose operations affect commerce. (b) Construction For purposes of subsection (a), discrimination includes— (1) the imposition or application by a 1 enti- ty described in subsection (a) of eligibility cri- teria that screen out or tend to screen out an individual with a disability or any class of in- dividuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered; (2) the failure of such entity to— (A) make reasonable modifications con- sistent with those required under section 12182(b)(2)(A)(ii) of this title; (B) provide auxiliary aids and services con- sistent with the requirements of section 12182(b)(2)(A)(iii) of this title; and (C) remove barriers consistent with the re- quirements of section 12182(b)(2)(A) of this title and with the requirements of section 12183(a)(2) of this title; (3) the purchase or lease by such entity of a new vehicle (other than an automobile, a van with a seating capacity of less than 8 pas- sengers, including the driver, or an over-the- road bus) which is to be used to provide speci- fied public transportation and for which a so- licitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; except that the new vehicle need not be readily accessible to and usable by such individuals if the new vehicle is to be used solely in a demand responsive system and if the entity can demonstrate that such sys- tem, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public; (4)(A) the purchase or lease by such entity of an over-the-road bus which does not comply