Rehabilitation Code: Chapter 10

Chapter 10: Accessibility

1001.0 General

1001.1 All buildings, with the Exception of those determined to be historical and so certified under the provisions of Chapter 9 of this code, shall further comply with the standards outlined herein. B

1001.2 All buildings certified as historical buildings under the provisions of Chapter 9 of this code shall also comply with the standards herein. BO

Exception: Where such modifications to the existing building are determined, by the State Historical Preservation Officer, in writing, to adversely impact the historical significance of the building. In all such cases, the owner shall meet with the State Historical Preservation Officer, the Building Commissioner, and the State ADA Coordinator, or their respective designees, to develop alternative means of compliance with this chapter.

1002.0 Requirements

1002.1 General: Any alteration to a facility covered by this code, after passage of this code, shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. B

1002.2 Alteration: For the purposes of this chapter, an alteration is a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof. B

1002.3 Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historical restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, re-roofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility. B

1002.4 If existing elements, spaces, or common areas are altered, then each such altered element, space, or area shall comply with the applicable provisions of the American with Disabilities Act Accessibility Guidelines (ADAAG). B

1002.5 To the maximum extent feasible: The phrase “to the maximum extent feasible”, as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments). B

1003.0 Alterations: Path of Travel

1003.1 General. An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. B

1003.2 Primary function: A “primary function” is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function. B

1003.3 Alterations to an area containing a primary function: Alterations that affect the usability of or access to an area containing a primary function include, but are not limited to: B

a. Remodeling merchandise display areas or employee work areas in a department store;

b. Replacing an inaccessible floor surface in the customer service or employee work areas of a bank;

c. Redesigning the assembly line area of a factory; or

d. Installing a computer center in an accounting firm.

1003.4 For the purposes of this section, alterations to windows, hardware, controls, electrical outlets, and signage shall not be deemed to be alterations that affect the usability of or access to an area containing a primary function. B

1003.5 Landlord/tenant: If a tenant is making alterations as defined in Section 1002.2 that would trigger the requirements of this section, those alterations by the tenant in areas that only the tenant occupies do not trigger a path of travel obligation upon the landlord with respect to areas of the facility under the landlord’s authority, if those areas are not otherwise being altered. B

1003.6 Path of travel: A “path of travel” includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility. B

1003.7 An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms, and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements. B

1003.8 For the purposes of this code, the term "path of travel" also includes the restrooms, telephones, and drinking fountains serving the altered area. B

1003.9 Disproportionality: Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds twenty (20%) percent of the cost of the alteration to the primary function area. B

1003.10 Costs that may be counted as expenditures required to provide an accessible path of travel may include: B

a. Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps; B

b. Costs associated with making restrooms accessible, such as installing grab bars, enlarging toilet stalls, insulating pipes, or installing accessible faucet controls; B

c. Costs associated with providing accessible telephones, such as relocating the telephone to an accessible height, installing amplification devices, or installing a telecommunications device for deaf persons (TDD); B

d. Costs associated with relocating an inaccessible drinking fountain. B

1003.11 Duty to provide accessible features in the event of disproportionality:. When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overall alteration, the path of travel shall be made accessible to the extent that it can be made accessible without incurring disproportionate costs. B

1003.12 In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order: B

a. An accessible entrance;

b. An accessible route to the altered area;

c. At least one accessible restroom for each sex or a single unisex restroom;

d. Accessible telephones;

e. Accessible drinking fountains; and

f. When possible, additional accessible elements such as parking, storage, and alarms.

1003.13 Series of smaller alterations: The obligation to provide an accessible path of travel may not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could have been performed as a single undertaking. B

1003.14 If an area containing a primary function has been altered without providing an accessible path of travel to that area, and subsequent alterations of that area, or a different area on the same path of travel, are undertaken within three years of the original alteration, the total cost of alterations to the primary function areas on that path of travel during the preceding three year period shall be considered in determining whether the cost of making that path of travel accessible is disproportionate. B

1003.15 Only alterations undertaken after the passage of this chapter shall be considered in determining if the cost of providing an accessible path of travel is disproportionate to the overall cost of the alterations. B

1004.0 Alterations: Elevator Exemption

1004.1 This section does not require the installation of an elevator in an altered facility that is less than three stories or has less than 3,000 square feet per story, except with respect to any facility that houses a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot, or other station used for specified public transportation, or an airport passenger terminal. B

1004.2 For the purposes of this section, "professional office of a health care provider" means a location where a person or entity regulated by a state to provide professional services related to the physical or mental health of an individual makes such services available to the public. The facility that houses a "professional office of a health care provider" only includes floor levels housing by at least one health care provider, or any floor level designed or intended for use by at least one health care provider. B

1004.3 For the purposes of this section, shopping center or shopping mall means: B

a. A building housing five or more sales or rental establishments; or

b. A series of buildings on a common site, connected by a common pedestrian access route above or below the ground floor, that is either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. The facility housing a “shopping center or shopping mall” only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.

1004.4 The exemption provided in Section 1004.1 does not obviate or limit in any way the obligation to comply with the other accessibility requirements established in this subpart. For example, alterations to floors above or below the accessible ground floor must be accessible regardless of whether the altered facility has an elevator. B

1005.0 Removal of Barriers

1005.1 General: A facility covered by this code shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense. B

1005.2 Examples: Examples of steps to remove barriers include, but are not limited to, the following actions: B

a. Installing ramps;

b. Making curb cuts in sidewalks and entrances;

c. Repositioning shelves;

d. Rearranging tables, chairs, vending machines, display racks, and other furniture;

e. Repositioning telephones;

f. Adding raised markings on elevator control buttons;

g. Installing flashing alarm lights;

h. Widening doors;

i. Installing offset hinges to widen doorways;

j. Eliminating a turnstile or providing an alternative accessible path;

k. Installing accessible door hardware;

l. Installing grab bars in toilet stalls;

m. Rearranging toilet partitions to increase maneuvering space;

n. Insulating lavatory pipes under sinks to prevent burns;

o. Installing a raised toilet seat;

p. Installing a full-length bathroom mirror;

q. Repositioning the paper towel dispenser in a bathroom;

r. Creating designated accessible parking spaces;

s. Installing an accessible paper cup dispenser at an existing inaccessible water fountain;

t. Removing high pile, low density carpeting.

1005.3 Priorities: A public accommodation is urged to take measures to comply with the barrier removal requirements of this section in accordance with the following order of priorities. B

1005.3.1 First, a public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking or public transportation. These measures include, for example, installing an entrance ramp, widening entrances, and providing accessible parking spaces. B

1005.3.2 Second, a public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. These measures include, for example, adjusting the layout of display racks, rearranging tables, providing Brailled and other raised character signage, widening doors, providing visual alarms, and installing ramps. B

1005.3.3 Third, a public accommodation should take measures to provide access to restroom facilities. These measures include, for example, removal of obstructing furniture or vending machines, widening of doors, installation of ramps, providing accessible signage, widening of toilet stalls, and installation of grab bars. B

1005.3.4 Fourth, a public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. B

1005.4 Relationship to alterations requirements of Section 1003.

1005.4.1 Except as provided in section 1004.2, measures taken to comply with the barrier removal requirements of this section shall comply with the applicable requirements for alterations in Sections 1002 and 1004 for the element being altered. The path of travel requirements of Section 1003 shall not apply to measures taken solely to comply with the barrier removal requirements of this section. B

1005.4.2 If, as a result of compliance with the alterations requirements specified in Section 1005.4.1 the measures required to remove a barrier would not be readily achievable, a public accommodation may take other readily achievable measures to remove the barrier that do not fully comply with the specified requirements. Such measures include, for example, providing a ramp with a steeper slope or widening a doorway to a narrower width than that mandated by the alterations requirements. No measure shall be taken, however, that poses a significant risk to the health or safety of individuals with disabilities or others. B

1005.5 Portable ramps. Portable ramps should be used to comply with this section only when installation of a permanent ramp is not readily achievable. In order to avoid any significant risk to the health or safety of individuals with disabilities or others in using portable ramps, due consideration shall be given to safety features such as non-slip surfaces, railings, anchoring, and strength of materials. B

1005.6 Selling or serving space. The rearrangement of temporary or movable structures, such as furniture, equipment, and display racks is not readily achievable to the extent that it results in a significant loss of selling or serving space. B

1005.7 Limitation on barrier removal obligations.

1005.7.1 The requirements for barrier removal under Section 1005 shall not be interpreted to exceed the standards for alterations in ADAAG. B

1005.7.2 To the extent that relevant standards for alterations are not provided in Section 1005, then the requirements of Chapter 10 shall not be interpreted to exceed the standards for new construction in ADAAG. B

NOTE: Where the section is followed by the letter "B", "F", or "O", the following meaning shall apply:

"B" This means that the Building Official or the Plumbing, Mechanical or Electrical Inspector shall review the plans, issue the permit, inspect the installation, and approve the final certificate.

"F" This means that the Fire Official shall review the plans for approval, the Fire Official and/or the Building Official inspects the installation, and the Fire Official observes the final test and approves the final installation. The Building Official shall issue the permits.

"O" This would indicate another State agency approval and inspection is needed. An explanation will indicate the agency and approvals needed.