09.12.53.05

.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 Accessibility Guidelines for Buildings and Facilities (ADAAG) developed by the United States Architectural and Transportation Barriers Compliance Board, and adopted by the United States Department of Justice in the 2010 Standards, including both the Title III regulations at 28 CFR Part 36, Subpart D, and the 2004 ADAAG at 36 CFR Part 1191, Appendices B and D.

(4) "Addition" means an expansion, extension, or increase in the gross floor area of a building or facility.

(5) Alteration.

(a) "Alteration" means a change to a building or facility made by, on behalf of, or for the use of a building or facility, that affects or could affect the usability of the building or facility or part of it.

(b) "Alteration" includes, but is not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement of the structural parts or elements, and changes in the plan configuration of walls and full-height partitions.

(c) "Alteration" does not include normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems unless they affect the usability of the building or facility.

(6) "ANSI A117.1-1986" means the 1986 Edition of American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People, which is incorporated by reference.

(7) "Building" means any structure used and intended for supporting or sheltering any use or occupancy.

(8) "Change of use" means an alteration in an existing building to a new use group which imposes special provisions of law governing building construction, equipment, or means of egress.

(9) "Covered multifamily dwelling" means:

(a) Buildings consisting of four or more dwelling units if the buildings have one or more elevators; and

(b) Ground floor dwelling units in buildings consisting of four or more dwelling units if there are no elevators in the building, although dwelling units within a single structure separated by fire walls do not constitute separate buildings.

(10) "Designated disability advisory group" means an individual, group of individuals, agency, or organization designated in writing by a local government or, in the absence of a written designation of a local government, by the Secretary, to advise the Department with respect to standards substantially equivalent to the 2010 ADA Standards under Regulation .08 of this chapter and waiver requests under Regulation .09 of this chapter.

(11) Dwelling Unit.

(a) "Dwelling unit" means a single unit of residence for a household of one or more individuals.

(b) "Dwelling unit" includes:

(i) Condominiums;

(ii) An apartment unit within an apartment building; and

(iii) Other types of units in which sleeping accommodations are provided but toilet or cooking facilities are shared by occupants of more than one room or portion of the dwelling unit, with examples of this including dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless individuals.

(12) "Existing building" means a structure erected before the adoption of this Code, or one for which a legal building permit has been issued.

(13) "Facilities" means all or any portion of buildings, structures, site improvements, roads, walks, passageways, parking lots, or other real property, located on a site.

(14) "FHAA" means the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. §3604 et seq.

(15) "FHAG" means Fair Housing Accessibility Guidelines, adopted by the United States Department of Housing and Urban Development in 24 CFR Ch. 1, Part IV, to provide technical guidance on how to comply with the Federal Fair Housing Amendments Act (FHAA).

(16) "Historic properties" means a qualified historic building or facility that is:

(a) Listed or eligible for listing in the National Register of Historic Places; or

(b) Designated as historic under State or local law.

(17) "Mezzanine or mezzanine floor" means that portion of a story which is an intermediate floor level placed within the story and having occupiable space above and below its floor. For the purpose of these regulations, mezzanine or mezzanine floor is considered as a story.

(18) "Secretary" means the Secretary of Labor.

(19) "Site" means a parcel of land bounded by a property line or a designated portion of a public right-of-way.

(20) "Story" means that portion of a building between the upper surface of a floor and the upper surface of the floor next above, or the roof above.

(21) "Structure" means that which is built or constructed.

(22) "UFAS" means Uniform Federal Accessibility Standards developed in accordance with the Architectural Barriers Act of 1968, as amended, Public Law No. 90-40, 42 U.S.C. §§4151—4157, and adopted by the Department of Housing and Urban Development in 24 CFR 40.

(23) "Use group" means the classification of a building based on the purpose for which the building is used as listed in the building code of the jurisdiction.