Tennessee § 68-120-204 - Buildings and public entertainment facilities to be accessible to disabled — Minimum specifications.

§ 68-120-204. Buildings and public entertainment facilities to be accessible to disabled — Minimum specifications.

Any public building that is constructed, enlarged, or substantially altered or repaired after July 1, 2012, shall be designed and constructed pursuant to specifications, approved by the responsible authority, making such building accessible to, and usable by, persons who have a physical disability. The minimum specifications, except as provided in subdivision (a)(2) and § 68-120-205, shall be the 2010 ADA Standards for Accessible Design, and any further amendments, supplements or subsequent editions, or any other code as the state fire marshal determines by rule. The minimum specifications for a project shall be those in effect at the time the project is submitted to the responsible authority for final approval of the construction, enlargement, alteration, or repair. For public buildings for which a local building inspector is the responsible authority, a local government may select disability accessibility specifications from the codes or publications listed in subdivision (a)(1) or from the codes or publications of other nationally recognized agencies or organizations. All public buildings constructed or remodeled in accordance with the standards, and requirements of this part, or containing facilities that are in compliance therewith, shall display a symbol, which is white on a blue background. The specifications for this symbol shall be furnished by the department of transportation indicating the location of such facilities designed for persons with physical disabilities. When a building contains an entrance other than the main entrance which is ramped or level for use by persons with physical disabilities, a sign showing its location shall be posted at or near the main entrance which shall be visible from the adjacent public sidewalk or way. All auditoriums, theaters, gymnasiums, stadiums, and other public entertainment facilities must provide accommodations in level or nearly level locations from which persons confined in wheelchairs may see and hear the offered entertainment as well as persons regularly seated in the facility. All accommodations required by subsection (b) shall comply with subsection (a), and with state and local fire safety requirements for emergency egress. Acts 1970, ch. 484, § 4; 1974, ch. 545, § 2; 1977, ch. 429, § 1; 1979, ch. 333, § 1; impl. am. Acts 1981, ch. 264, § 12; T.C.A., § 53-2547; Acts 1983, ch. 372, § 3; 1984, ch. 803, § 1; T.C.A., § 68-18-204 ; Acts 1996, ch. 828, § 1; 2005, ch. 284, § 4; 2011, ch. 47, §§ 90-92; 2012, ch. 517, § 1. Compiler's Notes. Acts 1983, ch. 372, § 9 provided that the 1983 amendment not be construed to remove any legal obligation imposed prior to July 1, 1983, by previous language contained within subsection (a). Acts 2005, ch. 284, § 5 provides that: “For purposes of effectuating the intent of this act, the state fire marshal is authorized to promulgate rules by public necessity (now emergency rules) pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.” Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before July 1, 2011. Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes. Former title 68, ch. 18, parts 1-4 were transferred to title 68, ch. 120, parts 1-4 in 1992. See the parallel reference table in § 68-120-101 for the former and new section locations.