19 Del. Admin. Code § 4101-2.0

Current through Register Vol. 28, No. 7, January 1, 2025
Section 4101-2.0 - Definitions

(These definitions are in addition to those found in ICC/ANSI A117.1-2003, Section 106 Definitions)

"AAB" means the Architectural Accessibility Board

"Agency" means a department, agency or instrumentality of the State of Delaware.

"Alteration" means any change in a building or facility or its permanent fixtures or equipment. It includes, but is not limited to, remodeling, renovation, rehabilitation, and extraordinary repairs. This includes all work to an existing building that presents the opportunity to provide increased accessibility, no matter how described. It does not include normal maintenance, reroofing, interior decoration, or changes to mechanical systems.

"Architectural Accessibility Act" means Title 29, Chapter 73, Delaware Code.

"Chief Administrator" means the principal staff person to the Architectural Accessibility Board.

"Construction" means any erection of a new building or facility or of an addition to an existing building or facility.

"Entrance" means any access point to a building or portion of a building or facility used for the purpose of entering. An entrance includes the approach walk, the vertical access leading to the entrance platform, the entrance platform itself, vestibules if provided, the entry door(s) or gate(s), and the hardware of the entry door(s) or gate(s), The principal entrance of a building or facility is the main door through which most people enter.

"Essential Features" means those elements and spaces that make a building or facility usable by, or serve the needs of, its occupants or users. Essential features include, but are not limited to, entrances, toilet rooms, and accessible routes. Essential features do not include those spaces that house the major activities for which the building or facility is intended, such as classrooms and offices.

"Equivalent Facilitation" means access or use which is, in terms of performance, dignity, convenience, and independence, at least substantially equal to or better than that required under the standard.

"Exception" means a special provision in the standard which indicates an acceptable alternative, under specified circumstances, to a requirement stated directly above the exception.

"Extraordinary Repair" means the replacement or renewal of any element of an existing building or facility for purposes other than normal maintenance.

"Facility" means all or any portion of a building, structure, or area, including the site on which such building or facility, structure or area is located, wherein specific services are provided or activities performed.

"Full and Fair Cash Value" means full and fair cash value is calculated for the estimated date on which work will commence on a project and means:

(1) The assessed valuation of a building or facility as recorded in the assessor's office of the municipality and as equalized at one hundred percent (100%) valuation; or
(2) The replacement cost; or
(3) The fair market value.

"Primary Function" means a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors, and restrooms are not areas containing a primary function.

"Space" means a definable area, e.g., toilet room, hall, assembly area, entrance storage room, alcove, courtyard or lobby.

"Standard-Setting Agency" means Delaware Architectural Accessibility Board.

"Structural Impracticability" means changes having little likelihood of being accomplished without removing or altering a load-bearing structural member and/or incurring an increased cost of 50 percent or more of the value of the element of the building or facility involved.

"Temporary" means temporary as applied to elements means installed for less than 6 months and not required for safety reasons.

"TDD" means telecommunications device for the deaf. Sometimes referred to as a TTY.

"Variance" means an official act in accordance with the provisions of the Architectural Accessibility Act to permit design, construction, alteration, or lease of a building without strict compliance with a particular provision of a standard.

"Waiver" means an official act in accordance with the Architectural Accessibility Act to:

a. Exempt an entire building or facility from one or more requirements of a standard; or
b. Exempt an entire building or facility, or any portion of a building or facility, from the requirements of a standard with respect to a specific element or space; or
c. Exempt from the requirements of 29 Delaware Code 73 in whole or in part.

19 Del. Admin. Code § 4101-2.0