(2) Alterations made to the path of travel to an altered area may be deemed disproportionate to the overall alteration when the cost exceeds 25 percent of the alteration to the primary function area.
(3) If the cost of alterations to make the paths of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the paths of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs.
(4) In choosing which accessible elements to provide under this section, priority shall be given to those elements that will provide the greatest access. Elements shall be provided in the following order:
(a) Parking;
(b) An accessible entrance;
(c) An accessible route to the altered area;
(d) At least one accessible rest room for each sex or a single unisex rest room;
(e) Accessible telephones;
(f) Accessible drinking fountains; and
(g) When possible, additional accessible elements such as storage and alarms.
(5) A series of small alterations to an area served by a single path of travel does not satisfy the obligation to provide an accessible path of travel created under subsection (1) of this section.
(6) If an area containing a primary function has been altered without providing an accessible path of travel to the area and subsequent alterations affecting the same path of travel are undertaken within three years of the original alteration, the total cost of the alterations to the primary function area on the path of travel during the preceding three-year period shall be considered in determining whether the cost of making the path of travel accessible is disproportionate.
(7)(a) A barrier removal improvement plan may satisfy the requirements of subsection (1) of this section. The plan shall require an equivalent or greater level of barrier removal than required by subsection (1) of this section.
(b) The barrier removal improvement plan shall include:
(A) A letter of participation from the building owner;
(B) A building survey that identifies existing architectural barriers;
(C) An improvement plan and time schedule for removal of architectural barriers; and
(D) An implementation agreement.
(c) The barrier removal improvement plan may be reviewed and accepted through the waiver process under ORS 447.250. The plan shall be reviewed upon completion or every three years for compliance with the requirements of this section.
(8) For purposes of this section, "primary function" is a major activity for which the facility is intended. [1993 c.503 §7]