Md. Code Regs. 14.03.02.10

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.03.02.10 - Reasonable Accommodation in Public Accommodations

A. An owner, operator, manager, or lessor of a place of public accommodation, shall make a reasonable accommodation for an individual with a disability.

B. For the purposes of this section, reasonable accommodation means to make a building or facility suitable for access, use, and patronage by an individual with a disability without danger to the individual's health or safety, and without undue hardship or expense to the business, or other activity making such an accommodation.

C. Examples of a reasonable accommodation include, but are not limited to:

(1) Providing at least one accessible route consisting of a continuous unobstructed path connecting all accessible elements and spaces of a building or facility which shall include compliance with:

(a) ADAAG § 4.6, parking and passenger loading zones, or other reasonable number of accessible parking spaces and passenger loading zones for individuals with physical disabilities;

(b) ADAAG § 4.7, curb ramps, or other curb ramps or sloped areas in sidewalks, paths, and entrances to buildings or facilities;

(c) ADAAG § 4.14, entrances, and § 4.3, accessible route, or other accessible primary public entrance on at least the ground floor of the building or facility which allows safe and unobstructed passage by an individual using a wheelchair, which may be a service entrance only if the service entrance is the sole entrance for everyone;

(d) ADAAG § 4.13, doors, or other doorways at the entrance and leading to each accessible space of sufficient clear width, and maneuvering clearances to allow safe and unobstructed passage by an individual using a wheelchair;

(e) ADAAG § 4.2, space allowance and reach ranges, § 4.3, accessible route, § 4.4, protruding objects, and § 4.5, ground and floor surfaces, or other walks, halls, corridors, passageways, aisles, and other spaces of sufficient clear width and maneuvering clearances, level grading with firm, stable, slip-resistant surfaces, and sufficient head room, to allow safe and unobstructed passage by an individual using a wheelchair;

(f) Where necessary to provide safe access to floor spaces of higher or lower levels, ADAAG § 4.8, ramps, or the installation of a ramp;

(g) Where necessary to provide access over changes in floor levels too great for a ramp, or to provide vertical access to upper or lower floors, ADAAG § 4.10, elevators, § 4.11, platform lifts, or both, or the installation of a wheelchair lift or elevator;

(h) ADAAG § 4.3.10, egress, or § 4.3.11, areas of rescue assistance, or other accessible means of egress for emergencies, with the doors of sufficient clear width and maneuvering clearances to allow safe and unobstructed passage by an individual using a wheelchair, or an accessible area of rescue assistance or approved alternative;

(2) If the building or facility has public toilet facilities, compliance with ADAAG § 4.22, toilet rooms, § 4.16, water closets, § 4.17, toilet stalls, § 4.18, urinals, and § 4.19, lavatories, or otherwise providing a facility with at least one water closet, lavatory and toilet stall, with grab bars, on an accessible route, and with sufficient clear doorway and floor space to accommodate a person using a wheelchair;

(3) If the building or facility has a public bathroom, bathing facility, shower room, or any of these, compliance with ADAAG § 4.23, bathrooms, bathing facilities, and shower rooms, or otherwise providing a facility with grab bars, on an accessible route, and with sufficient clear doorway and floor space to accommodate a person using a wheelchair;

(4) If the building or facility has a public drinking fountain or water cooler, compliance with ADAAG § 4.15, drinking fountains and water coolers, or otherwise providing at least one on accessible route with sufficient clear knee, or floor space, or both, at a height which allows an individual in a wheelchair to approach and use the drinking fountain or water cooler;

(5) If the building or facility has fixed or built-in storage facilities such as cabinets, shelves, closets, or drawers in accessible spaces, compliance with ADAAG § 4.25, storage, or providing at least one of each type on an accessible route with sufficient clear floor space, and at a height which allows an individual in a wheelchair to approach and use the storage facility;

(6) If the building or facility has fixed or built-in seating, tables or counters in accessible public or common use areas, compliance with ADAAG § 4.32, fixed or built-in seating and tables, or otherwise providing a reasonable number of seats, tables or counters on an accessible route with sufficient clear floor space and knee clearances, and at a height which allows an individual in a wheelchair to approach and use them;

(7) If the building or facility is a place of assembly with fixed seating, compliance with ADAAG § 4.33, assembly areas, or otherwise providing a reasonable number of wheelchair seating locations on an accessible route with sufficient clear floor space and level surface for an individual in a wheelchair to comfortably view the performing areas with lines of sight comparable to those for members of the general public;

(8) Compliance with ADAAG § 4.27, controls and operating mechanisms, or otherwise providing controls and operating mechanisms such as light switches and dispenser controls on an accessible route with sufficient clear floor space, and at a height which allows an individual in a wheelchair to approach and use the control or mechanism with limited force from one hand;

(9) If the building or facility has an emergency warning system, compliance with ADAAG § 4.28, alarms, or otherwise installing a system with both audible and visual alarms of sufficient intensity, and at locations from which they will be heard or seen by individuals with sensory impairments;

(10) Compliance with ADAAG § 4.29, detectable warnings, or otherwise installing detectable warnings on pedestrian walking surfaces that cross or adjoin vehicular ways, which are not separated by curbs, railings, or other elements; and

(11) In addition to the above actions, taking other steps to remove architectural and communication barriers and to facilitate physical access to goods and services, including, but not limited to, the following:

(a) Repositioning shelves;

(b) Rearranging tables, chairs, vending machines, display racks, and other furniture;

(c) Repositioning telephones;

(d) Installing flashing alarm lights or visual alarms;

(e) Adding raised markings on elevator control buttons;

(f) Providing Brailled and raised character signage;

(g) Waiving a no-pet requirement to allow the use of a service animal;

(h) Maintaining in operable working condition those features of facilities and equipment that are required to be readily accessible to, and usable by an individual with a disability, except an owner, operator, manager, or lessor of a place of public accommodation may temporarily fail to have its facilities or equipment accessible due to short term maintenance or repair;

(i) Modifying policies, practices and procedures to afford goods, services, facilities, privileges, advantages, or accommodations to an individual with a disability; and

(j) Providing an individual with a disability integrated settings.

Md. Code Regs. 14.03.02.10

Regulations .01_.08, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .10, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md. R. 2192)