Sec. 910 IAC 2-3-2 - Definitions

ยง 910 IAC 2-3-2. Definitions

Authority: IC 22-9.5-4-2

Affected: IC 22-9.5

Sec. 2.

The following definitions apply throughout this rule:

(1) "Accessible", when used with respect to the public and common use areas of a building containing covered multiple-family dwellings, means that the public or common use area of the building can be approached, entered, and used by individuals with physical handicaps. "Readily accessible to and usable by" is synonymous with accessible. A public or common use area that complies with the appropriate requirements of ANSI A117.1 or a comparable standard is accessible within the meaning of this subdivision.

(2) "Accessible route" means a continuous, unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of ANSI A117.1 or a comparable standard is an accessible route.

(3) "ANSI A117.1" means the 1992 edition of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (ANSI A117.1-1992). Copies may be obtained from American National Standards Institute, Inc., 11 West 42nd Street, New York, New York 10036. Copies may be inspected at the Indiana Civil Rights Commission, Indiana Government Center-North, 100 North Senate Avenue, Room 103, Indianapolis, Indiana 46204.

(4) "Building" means a structure, facility, or portion thereof that contains or serves one (1) or more dwelling units.

(5) "Building entrance on an accessible route" means an accessible entrance to a building that is connected by an accessible route to public transportation stops, accessible parking and passenger loading zones, or public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1 or a comparable standard complies with this subdivision.

(6) "Common use areas" means rooms, spaces, or elements inside or outside a building that are made available for the use of residents of a building or the guests thereof. These areas include the following:

(A) Hallways.

(B) Lounges.

(C) Lobbies.

(D) Laundry rooms.

(E) Refuse rooms.

(F) Mail rooms.

(G) Recreational areas.

(H) Passageways among and between buildings.

(7) "Controlled substance" means any drug or other substance or immediate precursor included in the definition in Section 102 of the Controlled Substances Act (21 U.S.C. 802).

(8) "Covered multiple-family dwellings" means buildings consisting of the following:

(A) Four (4) or more dwelling units if such buildings have one (1) or more elevators.

(B) Two (2) ground floor dwelling units in other buildings consisting of four (4) or more dwelling units.

(9) "Dwelling unit" means a single unit of residence for a family or one (1) or more persons. The following are examples of dwelling units:

(A) A single-family home.

(B) An apartment unit within an apartment building.

(C) Any other type of dwelling in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one (1) room or portion of the dwelling.

(D) Rooms in which people sleep, for example, dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.

(10) "Entrance" means any access point to a building or portion of a building used by a resident for the purpose of entering.

(11) "Exterior" means all areas of the premises outside an individual dwelling unit.

(12) "First occupancy" means a building that has never before been used for any purpose.

(13) "Ground floor" means a floor of a building with an entrance on an accessible route. A building may have more than one (1) ground floor.

(14) "Handicap" means, with respect to a person:

(A) a physical or mental impairment which substantially limits one (1) or more major life activities;

(B) a record of such an impairment; or

(C) being regarded as having such impairment.

The term does not include current illegal use of or addiction to a controlled substance. For purposes of this subdivision, an individual shall not be considered to have a handicap solely because that individual is a transvestite.

(15) "Has a record of such an impairment" means the person has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one (1) or more major life activities.

(16) "Interior" means the spaces, parts, components, or elements of an individual dwelling unit.

(17) "Is regarded as having an impairment" means the person has:

(A) a physical or mental impairment that does not substantially limit one (1) or more major life activities, but that is treated by another person as constituting such a limitation;

(B) a physical or mental impairment that substantially limits one (1) or more major life activities only as a result of the attitudes of others toward such impairment; or

(C) none of the impairments defined in subdivision (20) but is treated by another person as having such an impairment.

(18) "Major life activities" means functions such as the following:

(A) Caring for one's self.

(B) Performing manual tasks.

(C) Walking.

(D) Seeing.

(E) Hearing.

(F) Speaking.

(G) Breathing.

(H) Learning.

(I) Working.

(19) "Modification" means any change to the public or common use areas of a building or any change to a dwelling unit.

(20) "Physical or mental impairment" includes either of the following:

(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one (1) or more of the following body systems:

(i) Neurological.

(ii) Musculoskeletal.

(iii) Special sense organs.

(iv) Respiratory including speech organs.

(v) Cardiovascular.

(vi) Reproductive.

(vii) Digestive.

(viii) Genito-urinary.

(ix) Hemic and lymphatic.

(x) Skin.

(xi) Endocrine.

(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term includes, but is not limited to, such diseases and conditions as follows:

(i) Orthopedic.

(ii) Visual.

(iii) Speech and hearing impairments.

(iv) Cerebral palsy.

(v) Autism.

(vi) Epilepsy.

(vii) Muscular dystrophy.

(viii) Multiple sclerosis.

(ix) Cancer.

(x) Heart disease.

(xi) Diabetes.

(xii) Human immunodeficiency virus infection.

(xiii) Mental retardation.

(xiv) Emotional illness.

(xv) Drug addiction, other than addiction caused by current illegal use of a controlled substance.

(xvi) Alcoholism.

(21) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building.

(22) "Public use areas" means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.

(23) "Site" means a parcel of land bounded by a property line or a designated portion of a public right-of-way.

(Civil Rights Commission; 910 IAC 2-3-2; filed Aug 20, 1993, 5:00 p.m.: 17 IR 17; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA Readopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA)

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