(1) The standards and specifications set forth in this article shall apply to all buildings and facilities used for housing that are constructed in whole or in part by the use of state, county, or municipal funds or the funds of any political subdivision of the state or that are constructed with private funds. All such buildings and facilities to be constructed from plans on which architectural drawings are started after July 1, 1975, from any one of these funds or any combination thereof shall conform to each of the standards and specifications prescribed in this article. The governmental unit responsible for the enforcement of this article shall grant exceptions to or modify any particular standard or specification when it is determined that it is impractical and would create an undue hardship. Any such exception or modification of the provisions of this article shall be made in writing as a matter of public record. These standards and specifications shall be adhered to in those buildings and facilities that are constructed or proposed on or after April 29, 2003. This article shall apply to permanent buildings.
The jurisdiction with responsibility for enforcement of this article pursuant to section9-5-104 shall designate a board of appeals to hear and resolve appeals of orders, decisions, or determinations made by the enforcing agency regarding the application and interpretation of this article.
Any building or facility that would have been subject to this article 5 but was underconstruction prior to July 1, 1976, must comply with the following:
If the walls or defining boundaries of an element or space are altered, then the alteredelement or space shall comply with the applicable provisions of section 9-5-105, unless such alteration is technically infeasible. If full compliance with this article is technically infeasible, compliance shall be implemented up to the point of technical infeasibility. No alteration shall be undertaken that negatively impacts accessibility of a building or facility pursuant to ICC/ANSI A117.1. This subsection (3)(a) shall not be construed to require the moving of any existing walls not otherwise planned to be moved.
Any additions to a building or facility shall be treated as new construction for thepurposes of enforcement of this article.
The general assembly finds and declares that the standards and specifications setforth in this article are of statewide concern. Nothing in this article shall prohibit any municipality or other governmental subdivision from making and enforcing standards and specifications that are more stringent, and thus provide greater accessibility, than those set forth in this article.
Source: L. 2003: Entire article amended with relocations, p. 1418, § 1, effective April
L. 2017: IP(3) and (3)(a) amended, (HB 17-1067), ch. 19, p. 63, § 3, effective August 9.
Editor's note: This section is similar to former § 9-5-102 as it existed prior to 2003, and the former § 9-5-103 was relocated to § 9-5-102.