Ga. Comp. R. & Regs. R. 120-3-20-.03 - Definitions
(1) "ADAAG"means
the Americans with Disabilities Act Accessibility Guidelines for Buildings and
Facilities issued by the United States Architectural and Transportation
Barriers Compliance Board as set forth in the Federal Register.
(2) "Adaptable"is further explained as
follows:
(a) Adaptable refers to features
provided for but not actually installed. Such adaptability makes it possible
for features required by ADAAG to be added for the occupant without major
structural alteration;
(b) Items
not installed at the time of construction under the adaptable provisions of
ADAAG, and items installed which might need to be removed to provide access,
must be installed or removed by the owner at the owner's expense when the
dwelling is rented to a person with disabilities, within 30 days after his or
her application for occupancy is approved by the owner.
(3) "Safety Fire Commissioner"means the
Safety Fire Commissioner provided for in Chapter 2 of Title 25.
(4) "Covered multifamily dwelling"means a
building which had first occupancy after March 31, 1993, and consists of four
or more units and has an elevator or the ground floor units of a building which
consists of four or more units and does not have an elevator.
(5) "Existing Building"means buildings,
structures, facilities or conditions which are already in existence or
constructed and officially authorized prior to the effective date of the
adoption of this Chapter. This definition shall apply to all situations covered
by this chapter except where otherwise noted by this chapter.
(6) "Facilities"shall include, but is not
limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums,
coliseums, and any other man-made or developed area used by the
public.
(7) "Government
buildings"means all buildings, structures, streets, sidewalks, walkways, and
access thereto, which are used by the public or in which persons with
disabilities or elderly persons may be employed, that are constructed, leased,
or renovated in whole or in part by use of state, county, or municipal funds or
the funds of any political subdivisions of the state, and, to the extent not
required otherwise by federal law or regulations and not beyond the power of
the state to regulate, all buildings and structures used by the public which
are constructed or renovated in whole or in part by use of federal
funds.
(8) "Public buildings"means
all buildings, structures, streets, sidewalks, walkways, and access thereto,
which are used by the public or in which persons with disabilities or elderly
persons may be employed, that are constructed or renovated by the use of
private funds, including rental apartment complexes of 20 units or more and
temporary lodging facilities of 20 units or more, but excluding covered
multifamily dwellings; provided, however, that this chapter shall require fully
accessible or adaptable units in only 2 percent of the total rental apartments,
or a minimum of one, whichever is greater, and this chapter shall apply to only
5 percent of the total temporary lodging units, or a minimum of one, whichever
is greater; provided, further, that this chapter shall not apply to a private
single-family residence or to duplexes or any complex containing fewer than 20
units, or to residential condominiums. Regarding the 2% of the total rental
apartments or the minimum of one rental apartment required to be fully
accessible or adaptable, the provisions of a Type A unit found in Chapter 10 of
the 2003 edition of the ANSI A117 shall be met. Fifty percent of the fully
accessible or adaptable rental apartment units required by this paragraph shall
be adaptable for a roll-in shower stall.
(9) "Used by the public"as applied to .03(8)
of this chapter, shall not include those elements of covered multi- family
dwelling complexes used only by members of the immediate dwelling community and
their guests, as described in the Federal Fair Housing Amendments Act of 1988
cited in Article 4 of Title 8 of the Official Code of Georgia
Annotated.
(10) "Reasonable
number"for all government buildings, public buildings, and facilities receiving
permits for construction or renovation after July 1, 1995, as used in O.C.G.A.
§
30-3-4, shall mean the minimum
number as established by ADAAG.
(11) "Reasonable number"for all government
buildings, public buildings, and facilities receiving permits for construction
or renovation after July 1, 1987, but before July 1, 1995, as used in O.C.G.A.
§
30-3-4, shall be defined for each
of the following standards to mean:
(a)
"Accessible parking spaces for persons with disabilities (American National
Standards Institute [ANSI] 4.6.1) in a reasonable number"means the minimum
required by the 2010 ADA Standards for Accessible Design, but not less than the
number determined as follows:
1. With a total
of 1-400 parking spaces provided, then a minimum number of 1 space or 2 percent
of the total provided shall be designated as accessible parking spaces in
accordance with
120-3-20-.06, whichever is
greater.
2. With a total of 401 or
more parking spaces is provided, then a minimum number of 8 spaces plus 1
percent of the total provided above 401.
(b) "Accessible entrances (ANSI 4.14) in a
reasonable number"means that all primary entrances usually considered major
points of pedestrian flow must be accessible to and usable by persons with
disabilities;
(c) "Accessible
toilet rooms, bathrooms, bathing facilities, and shower rooms (ANSI 4.22) in a
reasonable number"means that for every floor which is to be made accessible to
and usable by persons with disabilities at least one toilet room, bathroom,
bathing facility, and shower room at a reasonable location shall conform to
ANSI 4.22; and
(d) "Accessible
seating, tables, and work surfaces (ANSI 4.30) in a reasonable number"means the
minimum required by the 2010 ADA Standards for Accessible Design, but not less
than the following:
1. With a total of 1-50
seats provided, then a minimum number of 2 adjacent spaces shall be provided
for wheelchair users.
2. With a
total of 51-400 seats provided, then a minimum number of 4 spaces shall be
provided including 2 adjacent spaces for wheelchair users.
3. With a total of 401 or more seats
provided, then a minimum even number of spaces shall be provided including not
less than 1 percent of the total number of spaces located throughout all price
ranges or locations, or both.
(12) "Renovation"means:
(a) If any specific component of an elevator
is replaced or moved from its existing location to a different location, then
the specific component shall be required to meet the ANSI A117.1 Standard, as
specified in this Code section, as it applies to that specific component,
including an accessible route as defined in the ANSI A117.1 Standard;
(b) Any component of a building, structure,
or facility, which is replaced, except for the purpose of repair, or moved,
shall be required to meet the ANSI A117.1 Standard as specified in this Code
section, including an accessible route as defined in the ANSI A117.1 Standard;
or
(c) The resurfacing, restriping,
or repainting of any parking facility, whether or not such resurfacing,
restriping, or repainting is required to have a permit from the appropriate
political subdivision.
Notes
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