CHAPTER 11 ACCESSIBILITY AMENDMENT - …

1 CHAPTER 11 ACCESSIBILITY AMENDMENTSECTION provisions of this CHAPTER shall control thedesign and construction of facilities for ACCESSIBILITY to physi-cally disabled and facilities shall be designed andconstructed to beaccessiblein accordance with this code andICC Alternate application of to this CHAPTER shall be limited to the extent that alter-nate methods of construction, designs or technologies shallprovide substantially equivalent or greater approved by the building official, the provisions ofthe Fair Housing Act Amendments of 1988 may be consid-ered as an alternate method to the criteria outlined in as it relates to covered multifamily Amendments to ICC provisions ofthis section shall be considered amendments to ICC Elevators Section 407 of ICC 407 of ICC is not adopted.

2 Elevators areexpressly regulated through theOregon Elevator Spe-cialty Limited-Use/Limited-Application Eleva-tors (LULA) Section 408 of ICC 408of ICC is not adopted. LULAs are expressly reg-ulated through theOregon Elevator Specialty Private Residence Elevators Section 409of ICC 409 of ICC is notadopted. Private residence elevators are expressly regu-lated through theOregon Elevator Specialty Platform Lifts Section 410 of 410 of ICC is not adopted. Plat-form lifts are expressly regulated through theOregonElevator Specialty Door Opening Force Section ofICC of ICC is deletedin its entirety and replaced with the following: The open-ing force of doors along an accessible route shall be asfollows:1. Exterior doors: 81/2pounds-force (lbf) ( N).2. Interior doors: 5 pounds-force (lbf) ( N).

3 3. Stairway doors at pressurized stair enclosures: 15pounds ( kg) at exterior Where environmental conditions require greaterclosing pressure, power-operated doors shall beused within the accessible Fire doors shall have the minimum force necessaryto close and latch the Detectable Warnings at Raised MarkedCrossings Section of ICC of ICC is deleted in its Vehicle Space Width Section ofICC of ICC is deleted inits entirety and replaced with the following: Car and vanparking spaces shall be 108 inches ( mm) mini-mum in Access Aisle Width Section ofICC of ICC is deletedin its entirety and replaced with the following: Accessaisles serving car parking spaces shall be 72 inches( mm) minimum in width. Access aisles servingvan parking spaces shall be 96 inches ( mm)minimum in Waivers and and modifica-tions shall be in accordance with ORS OREGON STRUCTURAL SPECIALTY CODE257 ORS and are not a part of this code but arereproduced here for the reader s is the purpose of ORS to tomake affected buildings, including but not limited to commercialfacilities, public accommodations, private entities, private mem-bership clubs and churches, in the state accessible to and usable bypersons with disabilities, as provided in the Americans with Dis-abilities Act, and to make covered multifamily dwellings in thestate accessible to and usable by all persons with disabilities, asprovided in the Fair Housing Act.

4 In requiring that buildings andfacilities be usable by persons with disabilities, it is not the inten-tion of the Legislative Assembly to require that items of personalconvenience such as rest rooms, telephones and drinking fountainsbe provided for members of the public who have disabilities if theyare not otherwise provided for members of the public who do nothave disabilities. However, pursuant to the Americans with Dis-abilities Act, the Director of the Department of Consumer andBusiness Services may provide greater protection to individualswith disabilities by adopting more stringent standards than pre-scribed by the Americans with Disabilities Rules to eliminate architectural any other provision of law and the authority of any boardwithin the Department of Consumer and Business Services, theDirector of the Department of Consumer and Business Servicesshall adopt rules to conform the state building code to the Ameri-cans with Disabilities Act and the Fair Housing Act and the regula-tions adopted thereunder.

5 In addition, the director shall adopt rulesto conform the state building code to the provisions of to , to the extent to which any statute is stricter thanthe Americans with Disabilities Act or the Fair Housing following words and terms shall, forthe purposes of this CHAPTER and as used elsewhere in the code,have the meanings shown , building,facilityor portion thereof thatcomplies with this MEANS OF path of travel, usableby a mobility-impaired person, that leads to a public continuous, unobstructed paththat complies with this space that complies with this unitorsleeping unitthatcomplies with this code and the provisions forAccessible unitsin ICC expansion, extension or increase in the grossfloor area of a building or ORS (1).CIRCULATION exterior or interior way of pas-sage from one place to another for mailbox units,which are also known as Centralized Box Units or CBU s, arefree-standing mailbox units with multiple locked mailboxes,along with parcel lockers and a slot for mail or exterior circulation paths, rooms,spaces or elements that are not for public use and are madeavailable for the shared use of two or more MULTIFAMILY (5).

6 As part of this code, covered multifamily dwellings, are onlyapplicable to covered multifamily dwellings designed and con-structed for first occupancy after March 13, 1991, or where thelast building permit or renewal thereof was issued on or beforeJune 15, 1990. For the purposes of this section, first occu-pancy means a building that has never before been used forany purpose. DETECTABLE standardized surface featurebuilt in or applied to walking surfaces or other elements to warnvisually impaired persons of hazards on acirculation UNIT OR SLEEPING UNIT, definition for Multistory unit. 2582010 OREGON STRUCTURAL SPECIALTY CODEACCESSIBILITY AMENDMENTORS is not a part of this code but are reproduced herefor the reader s Waivers or modifications of standards and specifica-tions; appeals board; procedures; fees.

7 (1) When a person or governmental entity undertaking the con-struction, renovation, alteration or modification of an affectedbuilding or its related facilities determines that a particular stan-dard or specification exceeds the standards or specificationsimposed by the Americans with Disabilities Act and the FairHousing Act, and that full compliance with the standard or speci-fication is impractical in that it would defeat the purpose of theproject proposed or in process, it may apply to the appeals boardhaving jurisdiction over the project for a waiver or modificationof such standard or specification, setting forth the reasons for itsdetermination and a proposal for the work complying with theparticular standard or specification to the maximum extent that itconsiders practical.(2) (a) For projects involving a state correctional facility asdefined in ORS (2), or a local correctional facility, asdefined in ORS (3), the appeals board referred to insubsection (1) of this section is the Building Codes StructuresBoard established under ORS (b) For all other projects, the appeals board referred to in sub-section (1) of this section is the appeals board establishedunder ORS (4) by the municipality having jurisdic-tion over the project.

8 (3) The appeals board shall thereupon investigate the board in its investigation shall be required to seek the adviceof the Oregon Disabilities Commission or its designee in dealingwith architectural barrier waivers. If the appeals board finds thatthe proposal submitted with the application would constitute asubstantial compliance with, or an acceptable alternative to, theparticular standard or specification in view of the objectives ofORS to , the waiver shall be granted. If the boardfinds otherwise, the application shall be promptly denied withnotice to the requesting person or governmental entity of thedenial.(4) The findings of the appeals board shall include the estimatedbuilding costs and the additional cost of construction to conformto the requirements of ORS to over the cost of anonconforming feature or any other special reason or circum-stance that, in the judgment of the board, justifies the decision.

9 (5) Any person aggrieved by the final decision of an appealsboard may within 30 days of the decision appeal to the Director ofthe Department of Consumer and Business Services. In the casewhere no appeals board has been created the director shall haveoriginal jurisdiction of an application for a waiver. The applicantfor a waiver or an appeal shall submit a fee of $20 payable to thedirector with the request for waiver or appeal. In determining anappeal or an original application, the procedures and standards ofsubsections (1) to (4) of this section shall apply to the (1)is not a part of this code but is reproduced here forthe reader s (1) Affected buildings includes any place of publicaccommodations and commercial facilities designed, constructedand altered in compliance with the ACCESSIBILITY standards estab-lished by the Americans with Disabilities Act.

10 Affected buildings also includes any government building that is subject to Title II ofthe Americans with Disabilities Act. Affected buildings alsoincludes private entities, private membership clubs and churchesthat have more than one floor level and more than 4,000 square feetin ground area or that are more than 20 feet in height, measuredfrom the top surface of the lowest flooring to the highest interioroverhead finish of the (5) is not a part of this code but is reproduced herefor the reader s (5) Covered multifamily dwellings means buildingsconsisting of four or more dwelling units if such buildings have oneor more elevators, and ground floor dwelling units in other build-ings consisting of four or more dwelling units. Dwelling unitswithin a single structure separated by firewalls do not constituteseparate UNIT OR SLEEPING UNIT, TYPE for Type A unit.