Current through Register Vol. 43, No. 52, December 26, 2024
(a)
Except as provided in subsection (b) of this regulation, an unlawful
discriminatory practice shall include a failure to design and construct
facilities for first occupancy after July 1, 1994, that are readily accessible
to and useable by individuals with disabilities.
(b) For purposes of the act and this
regulation, a facility shall be considered to have been designed and
constructed for first occupancy after July 1, 1994, only if:
(1)
(A) the
last application for a building permit or permit extension for the facility is
certified to be complete, by a state, county, or local government after July 1,
1993; or
(B) in those
jurisdictions where the government does not certify completion of applications,
the last application for a building permit or permit extension for the facility
is received by the state, county, or local government after July 1, 1992; and
(2) if the first
certificate of occupancy for the facility is issued after July 1, 1994.
(c)
(1) If an entity can demonstrate that it is
structurally impracticable to fully comply with the requirements of this
regulation, compliance shall be required to the extent that it is not
structurally impracticable. Full compliance shall be considered structurally
impracticable only in those rare circumstances when the unique characteristics
of terrain prevent the incorporation of accessibility features.
(2) If providing accessibility to individuals
with certain disabilities, such as those who use wheelchairs, would be
structurally impracticable, accessibility shall nonetheless be ensured in
accordance with this subsection (c) to persons with other types of
disabilities, such as those who use crutches or who have sight, hearing, or
mental impairments.
(d)
Installation of an elevator shall not be required in a facility that is less
than three stories high or has less than 3000 square feet per story, unless the
facility houses one or more of the following:
(1) a shopping center or shopping mall, or a
professional office of a health care provider; or
(2) a terminal, depot, or other station used
for specified public transportation, or an airport passenger terminal. In these
facilities, any area housing passenger services, including boarding and
debarking, loading and unloading, baggage claim, dining facilities and other
common areas open to the public, shall be on an accessible route from an
accessible entrance.
(e) The elevator exemption set forth in
subsection (d) shall not obviate or limit in any way the obligation to comply
with the other accessibility requirements established in subsection (a) of this
regulation.
