Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.53 - Maryland Accessibility Code
Section 09.12.53.05 - Definitions
Universal Citation: MD Code Reg 09.12.53.05
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accessible" means a site, building,
facility, or portion of them that complies with these regulations and that can
be approached, entered, and used by individuals with disabilities.
(2) "ADA" means the Americans with
Disabilities Act of 1990, Public Law 101-336,
42 U.S.C. § 12101 et seq.
(3) "2010 ADA Standards" means the Americans
with Disabilities Act Accessibility Guidelines for Buildings and Facilities
(ADAAG) developed by the United States Architectural and Transportation
Barriers Compliance Board, and adopted by the United States Department of
Justice in the 2010 Standards, including both the Title III regulations at 28
CFR Part 36, Subpart D, and the 2004 ADAAG at 36 CFR Part 1191, Appendices B
and D.
(4) "Addition" means an
expansion, extension, or increase in the gross floor area of a building or
facility.
(5) Alteration.
(a) "Alteration" means a change to a building
or facility made by, on behalf of, or for the use of a building or facility,
that affects or could affect the usability of the building or facility or part
of it.
(b) "Alteration" includes,
but is not limited to, remodeling, renovation, rehabilitation, reconstruction,
historic restoration, changes or rearrangement of the structural parts or
elements, and changes in the plan configuration of walls and full-height
partitions.
(c) "Alteration" does
not include normal maintenance, reroofing, painting or wallpapering, or changes
to mechanical and electrical systems unless they affect the usability of the
building or facility.
(6) "ANSI A117.1-1986" means the 1986 Edition
of American National Standard for Buildings and Facilities Providing
Accessibility and Usability for Physically Handicapped People, which is
incorporated by reference.
(7)
"Building" means any structure used and intended for supporting or sheltering
any use or occupancy.
(8) "Change
of use" means an alteration in an existing building to a new use group which
imposes special provisions of law governing building construction, equipment,
or means of egress.
(9) "Covered
multifamily dwelling" means:
(a) Buildings
consisting of four or more dwelling units if the buildings have one or more
elevators; and
(b) Ground floor
dwelling units in buildings consisting of four or more dwelling units if there
are no elevators in the building, although dwelling units within a single
structure separated by fire walls do not constitute separate
buildings.
(10)
"Designated disability advisory group" means an individual, group of
individuals, agency, or organization designated in writing by a local
government or, in the absence of a written designation of a local government,
by the Secretary, to advise the Department with respect to standards
substantially equivalent to the 2010 ADA Standards under Regulation .08 of this
chapter and waiver requests under Regulation .09 of this chapter.
(11) Dwelling Unit.
(a) "Dwelling unit" means a single unit of
residence for a household of one or more individuals.
(b) "Dwelling unit" includes:
(i) Condominiums;
(ii) An apartment unit within an apartment
building; and
(iii) Other types of
units in which sleeping accommodations are provided but toilet or cooking
facilities are shared by occupants of more than one room or portion of the
dwelling unit, with examples of this including dormitory rooms and sleeping
accommodations in shelters intended for occupancy as a residence for homeless
individuals.
(12) "Existing building" means a structure
erected before the adoption of this Code, or one for which a legal building
permit has been issued.
(13)
"Facilities" means all or any portion of buildings, structures, site
improvements, roads, walks, passageways, parking lots, or other real property,
located on a site.
(14) "FHAA"
means the Federal Fair Housing Amendments Act of 1988,
42 U.S.C. § 3604 et seq.
(15) "FHAG" means Fair Housing Accessibility
Guidelines, adopted by the United States Department of Housing and Urban
Development in 24 CFR Ch. 1, Part IV, to provide technical guidance on how to
comply with the Federal Fair Housing Amendments Act (FHAA).
(16) "Historic properties" means a qualified
historic building or facility that is:
(a)
Listed or eligible for listing in the National Register of Historic Places;
or
(b) Designated as historic under
State or local law.
(17)
"Mezzanine or mezzanine floor" means that portion of a story which is an
intermediate floor level placed within the story and having occupiable space
above and below its floor. For the purpose of these regulations, mezzanine or
mezzanine floor is considered as a story.
(18) "Secretary" means the Secretary of the
Department of Labor, Licensing, and Regulation.
(19) "Site" means a parcel of land bounded by
a property line or a designated portion of a public right-of-way.
(20) "Story" means that portion of a building
between the upper surface of a floor and the upper surface of the floor next
above, or the roof above.
(21)
"Structure" means that which is built or constructed.
(22) "UFAS" means Uniform Federal
Accessibility Standards developed in accordance with the Architectural Barriers
Act of 1968, as amended, Public Law No. 90-40,
42 U.S.C. §§ 4151-
4157, and adopted by the
Department of Housing and Urban Development in 24 CFR 40.
(23) "Use group" means the classification of
a building based on the purpose for which the building is used as listed in the
building code of the jurisdiction.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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