Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part I - Department of Labor and Industry
Chapter 60 - UNIVERSAL ACCESSIBILITY STANDARDS
ADMINISTRATIVE
Section 60.2 - Jurisdiction and effective dates

(1) Factories, powerplants, mercantile buildings, shopping centers, department stores, retail stores, restaurants with sit-down, interior dining facilities, hotels, motels, office buildings, financial institutions, hospitals, public and private institutions, convalescent and nursing homes, schools, colleges, dormitories, auditoriums, gymnasiums, transportation stations and terminals, warehouses and garages.

(2) Theaters, motion picture theaters, museums, concert halls and summer stock theaters.

(3) Public halls, dance halls, banquet halls, lodge halls, skating rinks, armory halls or any other type of auditorium where the public assembles.

(4) Places of worship.

(5) Apartment houses, multistory condominium complexes, certain multifamily dwellings, clubhouses, lodging houses and rooming houses.

(6) Grandstands, sports arenas, stadiums and amphitheaters.

(7) Other buildings, facilities or complexes used by the public.

(8) Building sites. The standards and specifications set forth in the act and this chapter also apply to building sites for a building or facility to which the act applies. These building sites shall provide an accessible route.

(1) New construction. New construction of buildings, building sites and facilities subject to the act and this chapter which was begun on or after February 18, 1989, shall be accessible to, and usable by, persons with physical disabilities.

(2) Existing buildings. Remodeling of buildings, building sites and facilities subject to the act and this chapter which was begun on or after March 12, 1994, shall be accessible to, and usable by, persons with physical disabilities to the following degree:

(3) Government-leased buildings or building space. Effective March 12, 1995, when a new lease is entered to lease new building space of 2,800 square feet or more, the lessor shall lease a building or building space which is accessible to, and usable by, persons with physical disabilities when the building or building space is leased, in whole or in part, by the use of Commonwealth funds, the funds of an instrumentality of the Commonwealth or the funds of a political subdivision of this Commonwealth. When only a part of a building is being leased, an accessible route shall be provided to the leased space.

(4) New or existing multifamily dwellings. In new residential construction of seven or more units and in remodeling of existing residential buildings of 11 or more units when the remodeling costs exceed 50% of the worth of the building, all grade level apartments or at least a minimum of 25% of the total apartments in the building shall be accessible or adaptable units in buildings without elevators. Twenty-five percent of the total apartment units in buildings with elevators shall be accessible or adaptable units. Multifamily dwellings covered by this section shall comply with this chapter and the applicable provisions of the most current American National Standards Institute Inc. (ANSI) publication pertaining to accessible and adaptable dwelling units.

(1) Certain residential construction. Existing single-family, townhouse and multifamily dwellings which are exclusively residential and which house ten or fewer families are excluded from the requirements of the act. New single-family, townhouse and multifamily dwellings which are exclusively residential and which house six or fewer families are excluded from the act.

(2) Certain new construction. In new construction of a private building as described in subsection (a) with less than 2,800 square feet of net floor area, only the ground floor of the building shall be accessible to and usable by persons with physical disabilities. Existing private buildings that have less than 2,800 square feet of net floor area are excluded from the act. If an existing private building is remodeled so that the resulting net floor area upon completing of the remodeling will be 2,800 square feet or more, the building shall comply with the act and be accessible to and usable by persons with physical disabilities to the degree required by subsection (b)(2).

(3) Certain construction. In the case of new and existing construction with less than 12,500 square feet of net floor area, an elevator or ramp is not required to provide an accessible route to nonground level floors. Access is required to ground level floors.

(4) Special purpose spaces. Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks, electrical or telephone closets, general utility rooms, walk-in freezers, fur vaults and areas where only employes have occasion to enter and within which the work cannot reasonably be performed by a person with a physical disability because of the nature of the abilities required will be considered "special purpose spaces."

(5) Comparable service areas. In the case of remodeled construction, an accessible route is not required to be provided to the remodeled area if an occupant offers goods, services or facilities that are comparable to those the occupant offers elsewhere in the building in an accessible area. The Department will determine if goods, services or facilities are comparable.

(6) Designated historic buildings. Accessibility provisions are not required when the Department or the State Historic Preservation Officer or other appointed agent for enforcing the historic preservation provisions of the United States Department of Interior determines that renovations cannot be accomplished without threatening or destroying the historic fabric of a building which has been identified and classified by the Historical and Museum Commission as historic or for which an approval for a Part I application to the United States Department of Interior has been granted.