Md. Code Regs. 09.12.53.07 - 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 or More Dwelling Units. The alteration, change of
use, or addition to an existing residential building of four or more units
shall comply with this Code as follows:
(a)
Dwelling units shall comply with this Code by either:
(i) Containing at least one dwelling unit for
every 25 dwelling units, or fraction of dwelling units, in the structure that
is accessible and usable according to the requirements pertaining to dwelling
units in ANSI A117.1-1986, with the complying dwelling units proportionately
distributed throughout all types of units, or
(ii) Having dwelling units at the accessible
level comply with the standards under §A(2) of this regulation;
(b) If the addition or alteration
involves common area facilities and parking, it shall be accessible in
accordance with the standards under §A(2) of this regulation.
B. New Construction,
Alterations, Additions, and Changes of Use of State and Local Government
Buildings and Facilities.
(1) All State and
local government-owned buildings and facilities, including public transit
facilities, shall comply with the standards prescribed in Title II of ADA and
28 CFR
35.151, and the 2004 ADAAG at 36 CFR Part
1191, Appendices B and D.
(2) The
federal regulations require that all State and local government-owned buildings
comply with either:
(a) UFAS; or
(b) The 2010 ADA Standards, except that the
elevator exemption set forth at § 206.2.3 of the 2010 ADA Standards does
not apply.
(3)
Additional Maryland accessibility requirements for State and local government
buildings are as follows:
(a) One in every
four accessible parking spaces, but not less than one, shall be:
(i) Served by an access aisle at least 96
inches wide; and
(ii) Designated
"Van Accessible" as specified in §D(4) of this regulation; and
(b) Accessibility for toilet
stalls shall be assured as follows:
(i) The
size of a wheelchair-accessible toilet stall shall be a minimum of 60 inches
wide and 56 inches deep for wallhung water closets, and 59 inches deep for
floor-mounted water closets;
(ii)
In instances of alteration work when provision of this minimum stall size is
structurally impracticable or when plumbing code requirements prevent combining
existing stalls to provide space, the minimum dimensions of the wheelchair
accessible stall are 48 inches wide and 66 inches deep for wall-hung water
closets and 69 inches deep for floor-mounted water closets.
C. New
Construction, Alterations, Additions, and Changes of Use of All Other Buildings
and Facilities. The new construction of, alteration of, addition to, or change
of use of buildings and facilities, including buildings and facilities owned or
used by private entities such as private clubs and religious organizations,
shall comply with:
(1) The 2010 ADA Standards
and all federal accessibility regulations promulgated to carry out Title III of
the ADA and set forth in 28 CFR Part 36, Subpart D, and the 2004 ADAAG at 36
CFR Part 1191, Appendices B and D; and
(2) The following additional Maryland
requirements:
(a) For new construction,
accessibility shall be assured for the second story of a two-story
nonresidential building if the gross floor area of the second story exceeds
4,000 square feet;
(b) For
alterations to an existing nonresidential building with a second story that has
a gross floor area between 4,000 square feet and 8,000 square feet, existing
accessibility to the second story shall be maintained;
(c) For alterations to an existing
nonresidential building with a second story that has a gross floor area that
exceeds 8,000 square feet, accessibility to the second story shall be
assured;
(d) One in every four
accessible parking spaces, but not less than one, shall be served by an access
isle 96 inches minimum width and the accessible parking space shall be
designated "van accessible" as specified in §D(4) of this regulation;
and
(e) Accessibility for toilet
stalls shall be assured as follows:
(i) The
size of a wheelchair-accessible toilet stall shall be a minimum of 60 inches
wide and 56 inches deep for wall-hung water closets, and 59 inches deep for
floor-mounted water closets,
(ii)
In instances of alteration work when provision of this minimum stall is
structurally impracticable or when plumbing code requirements prevent combining
existing stalls to provide space, the minimum dimensions of the wheelchair
accessible stall shall be 48 inches wide and 66 inches deep for wall-hung water
closets, and 69 inches deep for floor-mounted water closets.
D. Parking
Space Signs - Public and Private Facilities.
(1) The parking areas of all buildings and
facilities, including the buildings and facilities of State and local
governments, shall identify each accessible parking space by a sign.
(2) If the sign in §D(1) of this
regulation is:
(a) Not placed flush against a
building, structure, or other location that does not obstruct vehicle or
pedestrian traffic, it shall be at least 7 feet above the ground;
(b) Placed flush against a building structure
or other location that does not obstruct vehicle or pedestrian traffic, it
shall be at least 6 feet, and not more than 10 feet, above the
ground.
(3) Signs shall
bear the international symbol of access and the words "Reserved Parking", and
shall be in conformance with the requirements for uniform traffic control
devices under Transportation Article, §
25-104, Annotated Code
of Maryland. (See Regulation .12 of this chapter for explanatory
material.)
(4) Each van-accessible
parking space shall be identified with a supplemental "Van Accessible" sign in
conformance with the requirements for uniform traffic control devices under
Transportation Article, §
25-104, Annotated Code
of Maryland (See Regulation .12 of this chapter for explanatory
material.)
(5) Each van-accessible
parking space aisle shall be identified with a supplemental "No Parking" sign
in conformance with the requirements for uniform traffic control devices under
Transportation Article, §
25-104, Annotated Code
of Maryland (See Regulation .12 of this chapter for explanatory
material.)
(6) A new sign posted
after October 1, 2002, that designates a parking space or zone for the use of
individuals with disabilities shall be identified with a supplemental "Maximum
Fine" sign in conformance with the requirements for uniform traffic control
devices under Transportation Article, §
25-104, Annotated Code
of Maryland. (See Regulation .12 of this chapter for explanatory
material.)
Notes
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