Vermont § 2902 - Construction standards; variance

§ 2902. Construction standards; variance

• (a) A person shall not construct, alter, or permit construction or alteration of a public
  building or allow the change in use of a nonpublic building to become a public building
  unless the specifications at the time work commences meet or exceed the accessibility
  standards for new construction and alterations incorporated in 28 C.F.R. parts 35 and 36, the Americans with Disabilities Act Accessibility Guidelines (ADAAG), as
  amended by this chapter and the Access Board. (b) Alterations of a public building and changes in use of a nonpublic building to become
  a public building shall comply with the standards specified in subsection (a) of this
  section and the rules of the Access Board. All altered elements and spaces shall be
  made accessible to the maximum extent feasible. Each existing element, space, or common
  area that is altered shall comply with the standards of this chapter. If compliance
  with accessibility standards is technically infeasible, the alteration shall provide
  accessibility to the maximum extent feasible. Any elements or features of the building
  or facility that are being altered and can be made accessible shall be made accessible
  within the scope of the alteration. (c) If an alteration affects or could affect the usability of or access to an area of
  a facility that contains a primary function, the path of travel to the altered area
  and the restrooms, telephones, and drinking fountains serving the altered area shall
  be made accessible to individuals who use wheelchairs to the maximum extent feasible.
  Compliance with this subsection is required only to the extent that the cost of making
  the additional elements and spaces accessible does not exceed 20 percent of the total
  cost of the overall alteration. (d) Full compliance with the standards in this section is not required in the rare circumstance
  in which an entity can demonstrate that it is structurally impracticable to meet the
  standards. If full compliance with the standards would be structurally impracticable,
  compliance is required to the extent that it is structurally practicable. In that
  case, any portion of the facility that can be made accessible shall be made accessible
  to the extent that it is structurally practicable. If provision of accessibility to
  individuals with certain disabilities in compliance with the standards would be structurally
  impracticable, accessibility shall nonetheless be provided to persons with other types
  of disabilities. Full compliance will be considered structurally impracticable only
  when the unique characteristics of terrain prevent the incorporation of accessibility
  features. The burden of proving the impracticability is on the person who designed
  or constructed the public building. (e) The Access Board may exempt a public building from compliance with any of the standards
  established by this chapter if the Board determines that compliance with the standards
  is not required by federal law and: (1) would be prohibitively costly in relation to the normal cost of the total project;
  or (2) would threaten or destroy the historic significance of an historic building or an
  historic project. (f) The exemption provided in subdivision (e)(1) of this section shall not apply to newly
  constructed buildings consisting of covered multifamily dwellings built for first
  occupancy after January 1, 1990, unless it is impracticable to design and construct
  at least one building entrance on an accessible route, as defined by the appropriate
  requirements of ADAAG because of the terrain or unusual characteristics of the site.
  The burden of proving the impracticability shall be on the person who designed or
  constructed the covered multifamily dwelling. (g) The Access Board shall adopt rules regarding compliance, variances, or abatements
  to a specified date, exemptions, and appeals. (h) A public building or unit constructed or altered in accordance with the requirements
  of this section shall not be rendered inaccessible as a result of subsequent renovations,
  alterations, or additions to that building or unit. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)