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05.02.02.00.htm 05.02.02.00. Title 05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Subtitle 02 BUILDING AND MATERIAL CODES Chapter 02 Maryland Accessibility Code Authority: Housing and Community Development Article, §2-111 and 3-103; Public Safety Article, §12-202; Annotated Code of Maryland
05.02.02.01.htm 05.02.02.01. 01 Title.. This chapter shall be known as the Maryland Accessibility Code, and is referred to in these regulations as "this Code"
05.02.02.02.htm 05.02.02.02. 02 Purpose.. A. The purpose of this Code is to carry out the mandate of Public Safety Article, §12-202, Annotated Code of Maryland, as amended (the "Act" which requires the Department to establish minimum requirements that will provide for the accessibility and usability of buildings and facilities by individuals with disabilities.B. The standards promulgated under this chapter are designed to carry out the purposes as set forth in §A of this regulation establishing minimum requ
05.02.02.03.htm 05.02.02.03. 03 Scope.. A. The following buildings and facilities are not covered by this Code:. 1) Residential buildings consisting of less than four dwelling units;. 2) Structures, sites, and equipment directly associated with the actual processes of construction, such as scaffolding, bridging, materials hoists, or construction trailers;3) Observation galleries less than 150 square feet and used primarily for security purposes;. 4) Nonoccupiable spaces accessed only by ladders,
05.02.02.04.htm 05.02.02.04. 04 Relationship to Federal Law.. A. There is also federal law governing many of the buildings and facilities covered by this Code, and to the extent federal law is more restrictive than this Code, federal law shall control. Federal law also governs some buildings and facilities which are not covered by this Code. For instance, the Americans with Disabilities Act requires owners of existing buildings to make changes that are "readily achievable to accommodate individuals with dis
05.02.02.05.htm 05.02.02.05. 05 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Accessible" means a site, building, facility, or portion of them that complies with these regulations and that can be approached, entered, and used by individuals with disabilities.2) "ADA" means the Americans with Disabilities Act of 1990, Public Law 101-336, 42 U.S.C. §12101 et seq.3) "2010 ADA Standards" means the Americans with Disabilities Act Accessibi
05.02.02.06.htm 05.02.02.06. 06 Implementation.. A. Application.. 1) Except as set forth in §A(2) of this regulation, application and enforcement of this Code is the responsibility of the local subdivision or other governmental agency having primary jurisdiction over a building, structure, facility, or site.2) The application and enforcement of this Code as it pertains to State and local government buildings and facilities including public transit facilities shall be delegated as the responsibility of th
05.02.02.07.htm 05.02.02.07. 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 o
05.02.02.08.htm 05.02.02.08. 08 Standards Substantially Equivalent to 2010 ADA Standards.. A. Applicability.. 1) Standards substantially equivalent to the 2010 ADA Standards may be used only when a building or facility elects to or is required by these regulations to comply with the 2010 ADA Standards.2) This regulation does not apply to the additional Maryland requirements set forth in Regulation .07A(3) B(3) and C(2) of this chapter. A request for a waiver of the additional Maryland requirements
05.02.02.09.htm 05.02.02.09. 09 Waiver Request.. A. Standards Covered.. 1) If strict compliance with the additional Maryland requirements set forth in Regulation .07A(3) B(3) and C(2) of this chapter will cause undue hardship because of the nature of use, occupancy, or other factors, a waiver from these requirements may be requested.2) The Department has no authority to waive requirements imposed by federal law and shall only exercise its waiver authority when this Code is more restrictive than federal la
05.02.02.10.htm 05.02.02.10. 10 Private Action.. This Code is not intended to grant or imply a private cause of action to an individual against the State, the Department, its employees, agents, or assignees for violations of this Code.
05.02.02.11.htm 05.02.02.11. 11 Copies of Standards and Code.. A. Copies of the standards and Code referenced in this chapter may be obtained as follows:. 1) The Maryland Department of Housing and Community Development, 100 Community Place, Crownsville, Maryland 21032, telephone (410) 514-7220, TDD (410) 514-7531;2) United States Department of Justice, Office of the Americans with Disabilities Act, Civil Rights Division, P. O. 66118, Washington, D.C. 20035-6118, telephone (202) 514-0301(V) TT/TDD (202) 514-038
05.02.02.12.htm 05.02.02.12. 12 Explanatory Material.. For purposes of Regulation .07D of this chapter, the following signs may be used:. A. Parking Space Signs.. B. Van Accessible Parking Space Sign.. C. Access Aisle Sign.. D. Reserved Parking Maximum Fine $XXX Sign.. E. Maximum Fine $XXX Sign..
05.02.02.9999.htm 05.02.02.9999. Administrative History Effective date: April 16, 1975 (2:8 Md. R. 563). Regulations .01―11 amended effective March 3, 1976 (3:5 Md. R. 295). Chapter revised effective September 5, 1980 (7:18 Md. R. 1736). Chapter revised effective January 1, 1985 (11:26 Md. R. 2277) ―. Chapter recodified from COMAR 05.01.07 to COMAR 05.02.02. Appendix A recodified as Regulation .07 ―. Regulations .01―07, Maryland Building Code for the Handicapped, repealed and new Regulations .01―12,
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