The Americans with Disabilities Act (ADA) requires commercial facilities to be accessible to people with disabilities. When renovating commercial space in Washington, understanding ADA requirements—and the path of travel and 20% rules—is essential for compliance and avoiding costly legal exposure. This guide covers what triggers accessibility requirements and how to work with contractors experienced in ADA compliance.

Understanding ADA Requirements

Who Must Comply

The ADA applies to:

  • Places of public accommodation (retail, restaurants, offices open to public)
  • Commercial facilities (offices, warehouses, factories)
  • State and local government facilities
  • Private employers with 15+ employees

Key Standards

ADA compliance is measured against:

  • 2010 ADA Standards for Accessible Design: Federal standard
  • Washington State Building Code (WSBC): Incorporates ICC A117.1
  • When standards differ, the more stringent requirement applies

Existing Buildings vs. New Construction

  • New construction: Full accessibility required
  • Alterations: Altered areas must be accessible; path of travel requirements apply
  • Existing buildings: Barrier removal "readily achievable" standard

The Path of Travel Rule

When you alter a "primary function area" of a commercial building, you must also make the path of travel to that area accessible.

What Is a Primary Function Area?

Primary function areas are spaces where major activities occur:

  • Retail sales floors
  • Restaurant dining areas
  • Office work areas
  • Lobbies and reception areas
  • Conference and meeting rooms
  • Medical exam rooms

Not primary function areas:

  • Mechanical rooms
  • Restrooms
  • Storage areas
  • Employee break rooms
  • Janitor closets

What Is the Path of Travel?

The path of travel includes:

  • Entrances and exterior approaches
  • Routes to altered areas
  • Restrooms serving the altered area
  • Drinking fountains serving the area
  • Telephones serving the area
  • Signs

Path of Travel Examples

Renovating a restaurant dining room:

  • Entrance accessibility
  • Route from entrance to dining area
  • Accessible restrooms
  • Service counter accessibility

Renovating an office suite:

  • Building entrance (if under tenant control)
  • Route to suite
  • Suite entrance
  • Accessible restroom (private or shared)
  • Common areas within suite

The 20% Rule

How It Works

When alterations are made to a primary function area, accessibility improvements to the path of travel are required up to 20% of the original alteration cost.

Example:

  • Alteration cost: $100,000
  • Maximum path of travel cost: $20,000
  • Path of travel improvements prioritized within budget

What Counts Toward the 20%

The 20% budget applies to:

  • Path of travel improvements (not the primary alteration)
  • Calculated on a project-by-project basis
  • Does not accumulate across projects

Priority Order for Path of Travel

When 20% budget is insufficient for full accessibility, improvements are prioritized:

  1. Accessible entrance (highest priority)
  2. Accessible route to altered area
  3. Accessible restrooms
  4. Accessible telephones
  5. Accessible drinking fountains
  6. Other elements (lowest priority)

When Full Accessibility Is Required

The 20% rule doesn't apply when:

  • Alteration cost exceeds 50% of building value (full compliance required)
  • New construction occurs
  • Additions are built
  • Historic building exceptions apply

Washington State Requirements

Washington State Building Code

Washington adopts ICC A117.1 (Accessible and Usable Buildings and Facilities):

  • Generally consistent with ADA
  • Some requirements more stringent
  • Enforced through building permit process

Key Differences

While largely aligned with federal ADA, note:

  • Washington may require accessibility for smaller alterations
  • Some dimensional requirements may differ
  • State enforcement through building officials
  • Federal ADA enforced through civil rights complaints/lawsuits

Building Official Review

Washington building officials review accessibility as part of permit process:

  • Plans reviewed for accessibility compliance
  • Inspections verify accessible construction
  • Certificate of occupancy requires compliance

Common ADA Renovation Requirements

Entrances

  • At least one accessible entrance
  • Level or ramped approach (1:12 maximum slope)
  • Maneuvering clearances at doors
  • Accessible hardware (lever or push/pull)
  • Automatic door openers often needed for compliance
  • Proper thresholds (½ inch maximum)

Interior Routes

  • 36-inch minimum clear width
  • 60-inch passing/turning space
  • Level routes or compliant ramps
  • Proper door clearances
  • Accessible elevator if multi-story (most buildings)

Restrooms

  • Accessible toilet compartment (60 inches by 59 inches minimum)
  • Grab bars at toilet (42-inch side, 36-inch rear minimum)
  • Accessible lavatory (proper height and knee clearance)
  • Compliant accessories (mirror, soap, towels in reach range)
  • Accessible door and entry

Service Counters

  • Portion of counter at 36 inches maximum
  • 36-inch minimum width accessible section
  • Clear floor space for approach
  • Accessible transaction equipment

Parking

  • Accessible spaces based on total spaces
  • Proper dimensions (8 feet plus 5-foot access aisle)
  • Van accessible space required
  • Proper signage and slope
  • Accessible route to entrance

Permit Process for ADA Work

Permits Required

  • Building permit: All construction work
  • Electrical permit: Power door operators, accessibility equipment
  • Mechanical permit: Elevator modifications

Timeline

Phase Duration
Accessibility assessment 1-2 weeks
Design 2-4 weeks
Permit review 3-6 weeks
Construction 4-12 weeks
Inspections 1-2 weeks

Documentation Required

  • Accessibility compliance documentation
  • Plans showing accessible routes
  • Details of accessible elements
  • Statement of 20% cost allocation (if applicable)

Cost Ranges for ADA Renovations

Common Element Costs

Element Cost Range
Automatic door operator $2,500-6,000
Accessible restroom renovation $15,000-40,000
Ramp construction $200-400 per linear foot
Accessible parking striping $200-500 per space
Accessible drinking fountain $2,000-5,000
Grab bars $200-600 installed
Accessible hardware (door) $150-400 per door
Elevator $75,000-200,000+

Cost Factors

  • Existing conditions: More constraints = higher costs
  • Building age: Older buildings often more challenging
  • Scope of alterations: Larger projects spread costs
  • Materials: Matching existing finishes adds cost
  • Structural requirements: Ramps may need structural work

Budgeting the 20%

Track path of travel costs carefully:

  • Document all accessibility-related costs
  • Prioritize improvements per ADA order
  • Retain records showing 20% calculation
  • Note what was not completed due to cost limit

Selecting a Contractor for ADA Work

Experience Requirements

ADA renovation demands specific expertise:

  • Understanding of ADA standards
  • Knowledge of Washington accessibility codes
  • Experience with accessibility assessments
  • Track record of compliant work

Warning Signs

Avoid contractors who:

  • Minimize accessibility requirements
  • Lack understanding of path of travel rules
  • Don't mention 20% rule
  • Have no ADA-specific experience

Licensing and Insurance

Standard commercial contractor requirements:

  • Washington contractor registration
  • Commercial general liability ($1-2 million)
  • Workers' compensation
  • Appropriate bonds

Professional Partners

Consider engaging:

  • Certified Access Specialist (CASp)
  • Accessibility consultant
  • Architect with accessibility expertise
  • ADA litigation experience (for risk assessment)

Questions to Ask ADA Renovation Contractors

Understanding

  1. How do you determine what accessibility requirements apply to our project?
  2. What is your understanding of the path of travel rule?
  3. How do you calculate and document the 20% requirement?
  4. What is your experience with Washington accessibility codes?

Assessment

  1. Will you provide an accessibility assessment before construction?
  2. How do you identify existing barriers that should be addressed?
  3. What is your approach to prioritizing improvements?
  4. How do you document compliance for our records?

Technical

  1. How do you handle conflicts between existing conditions and accessibility requirements?
  2. What is your experience with accessible restroom renovations?
  3. Have you installed accessible ramps and entrances?
  4. How do you ensure hardware and accessories are compliant?

Process

  1. How do you coordinate accessibility review with the permit process?
  2. How do you handle inspector comments on accessibility?
  3. What documentation do you provide for ADA compliance?
  4. How do you handle accessibility discoveries during construction?

Risk Management

  1. Do you carry professional liability insurance?
  2. How do you stay current on ADA requirements?
  3. What is your approach to litigation risk in accessibility?
  4. Will you certify the work meets ADA requirements?

Best Practices for ADA Compliance

Before Starting

  • Conduct accessibility assessment of existing conditions
  • Identify all triggered path of travel elements
  • Calculate 20% budget allocation
  • Prioritize improvements per ADA guidelines
  • Document existing barriers

During Design

  • Engage accessibility expertise early
  • Consider exceeding minimum requirements
  • Design for durability and maintenance
  • Integrate accessibility thoughtfully
  • Document design decisions

During Construction

  • Verify accessible elements during rough-in
  • Inspect accessible features before concealment
  • Test accessible hardware and equipment
  • Document completed accessibility features
  • Photograph accessible elements

After Completion

  • Retain compliance documentation
  • Create accessibility maintenance plan
  • Train staff on accessible features
  • Monitor for barrier development
  • Plan for continued barrier removal

Legal Considerations

ADA Enforcement

ADA is enforced through:

  • Private lawsuits by individuals
  • Department of Justice investigations
  • Damages, injunctive relief, attorney fees available
  • No cap on attorney fees creates litigation risk

Reducing Legal Risk

  • Document compliance efforts thoroughly
  • Prioritize high-impact improvements
  • Address complaints promptly
  • Maintain accessible features
  • Consider accessibility insurance

Washington Human Rights Law

Washington's Law Against Discrimination provides additional protections:

  • Enforced by Washington Human Rights Commission
  • Administrative complaints available
  • May have different procedural requirements

ADA compliance renovations require contractors who understand the complex intersection of federal civil rights law, Washington building codes, and practical construction realities. The right contractor helps you achieve compliance while managing costs and legal exposure.