Definitions

  1. Law
  2. Georgia Code
  3. Handicapped Persons
  4. Access to and Use of Public Facilities by Persons With Disabilities
  5. Definitions

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As used in this chapter, the term:

  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:
    1. Adaptable refers to features provided for but not actually installed. Such adaptability makes it possible for the feature required by ADAAG to be added for the occupant without major structural alteration;
    2. 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. "American National Standards Institute specifications (ANSI standards)" means sections 3 and 4 of the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by individuals with disabilities.
  4. "Commissioner" means the Safety Fire Commissioner provided for in Chapter 2 of Title 25.
  5. "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.
  6. "Facilities" shall include, but is not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade 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. 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. "Reasonable number" for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, as used in Code Section 30-3-4, shall mean the minimum number as established by ADAAG.
  10. "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 Code Section 30-3-4 shall be defined for each of the following standards to mean:
    1. "Accessible parking spaces for persons with disabilities (ANSI 4.6.1) in a reasonable number" shall be determined as follows:
    2. "Accessible entrances (ANSI 4.14) in a reasonable number" means that all primary entrances usually considered as major points of pedestrian flow must be accessible to and usable by persons with disabilities;
    3. "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
    4. "Accessible seating, tables, and work surfaces (ANSI 4.30) in a reasonable number" means the following:
  11. "Renovation" means:
    1. 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;
    2. 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
    3. 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.

Total number of Number of designated parking spaces accessible parking spaces ---------------- -------------------------- 1-400 A minimum number of 1 space or 2 percent of the total provided, whichever is greater 401 and greater 8 spaces plus 1 percent of the total provided above 401

Number of accessible Total number spaces required ------------ --------------- Up to 50 2 spaces for wheelchair users adjacent to each other 51-400 4 spaces including 2 adjacent to each other 401 and above An even number of spaces not less than 1 percent of the total number located throughout all price ranges or locations, or both

(Code 1981, §30-3-2, enacted by Ga. L. 1984, p. 1255, § 1; Ga. L. 1985, p. 863, § 1; Ga. L. 1987, p. 1425, § 1; Ga. L. 1988, p. 1556, § 1; Ga. L. 1992, p. 2461, §§ 1, 2; Ga. L. 1995, p. 1302, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, in paragraph (3) (now paragraph (6)) "is" was substituted for "are".

Pursuant to Code Section 28-9-5, in 1987, subparagraph (6)(F) (now paragraph (10)) was redesignated as subparagraph (6)(D) (now subparagraph (10)(D)) and "this Code section" was substituted for "Code Section 30-3-2" in subparagraphs (7)(A) and (7)(B) (now subparagraphs (11)(A) and (11)(B)).

Pursuant to Code Section 28-9-5, in 1988, a comma was added following "structure" in subparagraph (7)(B) (now subparagraph (11)(B)).

Pursuant to Code Section 28-9-5, in 1995, "provided" was deleted following "total provided" in the second column of the second entry in subparagraph (10)(A).

OPINIONS OF THE ATTORNEY GENERAL

Cap on fully accessible or adaptable apartment units.

- Covered multifamily dwellings are not subject to the 2 percent cap on fully accessible or adaptable rental apartment complexes of 20 units or more as provided in O.C.G.A. § 30-3-2(8). 1997 Op. Att'y Gen. No. U97-24.

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Buildings, §§ 1, 12 et seq.


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