Liability Aspects of Pedestrian Facilities (2015)

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B-1 APPENDIX B—C.F.R.’s

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B-9 49 C.F.R. § 37.3 defines “alteration” as “a change to an existing facility, including, but not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configu- ration of walls…” but not “normal maintenance, reroofing, painting or wallpapering, asbestos re- moval or changes to mechanical or electrical systems…unless they affect the usability of the build- ing or facility.” 49 C.F.R. § 37.43(b) states that the “maximum extent feasible” rule “applies to the occa- sional case where the nature of an existing facility makes it impossible to comply fully with appli- cable accessibility standards through a planned alteration.” This is a narrow exception which does not include budget limitations as discussed below.