Md. Code Regs. 09.12.53.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.53.07 - Applicable Standards

A. Dwelling Units.

(1) This section is not applicable to the dwelling units used on a transient basis and covered under §§B and C of this regulation.

(2) New Construction-Covered Multifamily Dwellings. The design and construction of a newly constructed covered multifamily dwelling shall be in accordance with FHAG and subsequent federal standards issued in reference to FHAA.

(3) Additions, Alterations, or Change of Use of Existing Buildings of Four or More Dwelling Units. The alteration, change of use, or addition to an existing residential building of four or more units shall comply with this Code as follows:

(a) Dwelling units shall comply with this Code by either:

(i) Containing at least one dwelling unit for every 25 dwelling units, or fraction of dwelling units, in the structure that is accessible and usable according to the requirements pertaining to dwelling units in ANSI A117.1-1986, with the complying dwelling units proportionately distributed throughout all types of units, or

(ii) Having dwelling units at the accessible level comply with the standards under §A(2) of this regulation;

(b) If the addition or alteration involves common area facilities and parking, it shall be accessible in accordance with the standards under §A(2) of this regulation.

B. New Construction, Alterations, Additions, and Changes of Use of State and Local Government Buildings and Facilities.

(1) All State and local government-owned buildings and facilities, including public transit facilities, shall comply with the standards prescribed in Title II of ADA and 28 CFR 35.151, and the 2004 ADAAG at 36 CFR Part 1191, Appendices B and D.

(2) The federal regulations require that all State and local government-owned buildings comply with either:

(a) UFAS; or

(b) The 2010 ADA Standards, except that the elevator exemption set forth at § 206.2.3 of the 2010 ADA Standards does not apply.

(3) Additional Maryland accessibility requirements for State and local government buildings are as follows:

(a) One in every four accessible parking spaces, but not less than one, shall be:

(i) Served by an access aisle at least 96 inches wide; and

(ii) Designated "Van Accessible" as specified in §D(4) of this regulation; and

(b) Accessibility for toilet stalls shall be assured as follows:

(i) The size of a wheelchair-accessible toilet stall shall be a minimum of 60 inches wide and 56 inches deep for wallhung water closets, and 59 inches deep for floor-mounted water closets;

(ii) In instances of alteration work when provision of this minimum stall size is structurally impracticable or when plumbing code requirements prevent combining existing stalls to provide space, the minimum dimensions of the wheelchair accessible stall are 48 inches wide and 66 inches deep for wall-hung water closets and 69 inches deep for floor-mounted water closets.

C. New Construction, Alterations, Additions, and Changes of Use of All Other Buildings and Facilities. The new construction of, alteration of, addition to, or change of use of buildings and facilities, including buildings and facilities owned or used by private entities such as private clubs and religious organizations, shall comply with:

(1) The 2010 ADA Standards and all federal accessibility regulations promulgated to carry out Title III of the ADA and set forth in 28 CFR Part 36, Subpart D, and the 2004 ADAAG at 36 CFR Part 1191, Appendices B and D; and

(2) The following additional Maryland requirements:

(a) For new construction, accessibility shall be assured for the second story of a two-story nonresidential building if the gross floor area of the second story exceeds 4,000 square feet;

(b) For alterations to an existing nonresidential building with a second story that has a gross floor area between 4,000 square feet and 8,000 square feet, existing accessibility to the second story shall be maintained;

(c) For alterations to an existing nonresidential building with a second story that has a gross floor area that exceeds 8,000 square feet, accessibility to the second story shall be assured;

(d) One in every four accessible parking spaces, but not less than one, shall be served by an access isle 96 inches minimum width and the accessible parking space shall be designated "van accessible" as specified in §D(4) of this regulation; and

(e) Accessibility for toilet stalls shall be assured as follows:

(i) The size of a wheelchair-accessible toilet stall shall be a minimum of 60 inches wide and 56 inches deep for wall-hung water closets, and 59 inches deep for floor-mounted water closets,

(ii) In instances of alteration work when provision of this minimum stall is structurally impracticable or when plumbing code requirements prevent combining existing stalls to provide space, the minimum dimensions of the wheelchair accessible stall shall be 48 inches wide and 66 inches deep for wall-hung water closets, and 69 inches deep for floor-mounted water closets.

D. Parking Space Signs - Public and Private Facilities.

(1) The parking areas of all buildings and facilities, including the buildings and facilities of State and local governments, shall identify each accessible parking space by a sign.

(2) If the sign in §D(1) of this regulation is:

(a) Not placed flush against a building, structure, or other location that does not obstruct vehicle or pedestrian traffic, it shall be at least 7 feet above the ground;

(b) Placed flush against a building structure or other location that does not obstruct vehicle or pedestrian traffic, it shall be at least 6 feet, and not more than 10 feet, above the ground.

(3) Signs shall bear the international symbol of access and the words "Reserved Parking", and shall be in conformance with the requirements for uniform traffic control devices under Transportation Article, §25-104, Annotated Code of Maryland. (See Regulation .12 of this chapter for explanatory material.)

(4) Each van-accessible parking space shall be identified with a supplemental "Van Accessible" sign in conformance with the requirements for uniform traffic control devices under Transportation Article, §25-104, Annotated Code of Maryland (See Regulation .12 of this chapter for explanatory material.)

(5) Each van-accessible parking space aisle shall be identified with a supplemental "No Parking" sign in conformance with the requirements for uniform traffic control devices under Transportation Article, §25-104, Annotated Code of Maryland (See Regulation .12 of this chapter for explanatory material.)

(6) A new sign posted after October 1, 2002, that designates a parking space or zone for the use of individuals with disabilities shall be identified with a supplemental "Maximum Fine" sign in conformance with the requirements for uniform traffic control devices under Transportation Article, §25-104, Annotated Code of Maryland. (See Regulation .12 of this chapter for explanatory material.)

Md. Code Regs. 09.12.53.07

Regulation .07 recodified from 05.02.02.07 effective 46:6 Md. R. 345, eff. 3/25/2019