Current through Register Vol. 51, No. 19, September 20, 2024
A. Applicability.
(1) Standards substantially equivalent to the
2010 ADA Standards may be used only when a building or facility elects to or is
required by these regulations to comply with the 2010 ADA Standards.
(2) This regulation does not apply to the
additional Maryland requirements set forth in Regulation .07A(3), B(3), and
C(2) of this chapter. A request for a waiver of the additional Maryland
requirements shall be submitted in accordance with the provisions of Regulation
.09 of this chapter.
B.
Substantially Equivalent Standards for State and Local Government Buildings and
Facilities. A State-owned or government-owned building or facility which has
elected to comply with the 2010 ADA Standards instead of the UFAS may depart
from particular technical and scoping requirements of the 2010 ADA Standards by
using alternative designs or technologies that are substantially equivalent to
the 2010 ADA Standards, or that provide greater access to and usability of the
building or facility.
C.
Substantially Equivalent Standards for Other Buildings and Facilities. Other
buildings and facilities that are required to comply with the 2010 ADA
Standards may depart from particular technical and scoping requirements of the
2010 ADA Standards by using alternative designs and technologies that are
substantially equivalent to the 2010 ADA Standards, or that provide greater
access to and usability of the building or facility.
D. Determination of Substantial Equivalency.
(1) Proposed alternative designs or
technologies shall be submitted to the Department before beginning
construction, alteration, addition, or change of use of the building or
facility by the owner or other person identified as the responsible person in
the submission to the Department.
(2) The Department shall issue a written
determination to the responsible party identified in the submission as to
whether the Department considers that the alternative design or technology is
substantially equivalent to the 2010 ADA Standards, or provides greater access
to or usability of the building or facility than the applicable 2010 ADA
Standards.
(3) Construction,
alteration, addition, or change of use of the building or facility may not
begin until the responsible person has received a favorable determination from
the Department.
(4) A determination
by the Department of substantially equivalent or greater access relates only to
the requirements imposed under these Regulations . The determination by the
Department does not apply as to whether the building or facility complies with
ADA.
(5) The Department may consult
with public building officials, the designated disability advisory group, or
the State historic preservation officer or the designee of the State historic
preservation officer, in a determination of substantial equivalency.
(6) A request for a determination under this
regulation does not constitute a contested case proceeding under the Maryland
Administrative Procedure Act and is not subject to the provisions of COMAR
09.01.02.
