Rule 120-3-20-.02 - Application(1) If the start date for construction is on or after March 15, 2012, all newly constructed or altered State and local government facilities must comply with the 2010 ADA Standards for Accessible Design. Before that date and after June 24, 1997, Chapter 120-3-20 is applicable. All other applications for accessibility are prescribed by O.C.G.A. § 30-3-3.(2) The following minimum adopted standards apply to both State and local government facilities (Title II) and public accommodations and commercial facilities (Title III). The minimum adopted standards consist of ADA Chapters 1 and 2 and Chapters 3 through 10 of the 2004 ADAAG ( 36 CFR part 1191, appendices B and D, adopted as part of both Title II and Title III 2010 ADA Standards for Accessible Design). (a) State and local government facilities must follow the requirements of the minimum standards adopted herein and referencing the 2010 ADA Standards for Accessible Design, including both the Title II regulations at 28 CFR 35.151; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D.(b) Public accommodations and commercial facilities must follow the requirements of the minimum standards adopted herein and referencing the 2010 Standards for Accessible Design, 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.(c) In the few instances where requirements between the regulation and the 2004 ADAAG differ, the requirements of 28 CFR 35.151 or 28 CFR, part 36, subpart D, prevail. (d) (Regarding the 2% of total rental apartments or the minimum of one rental apartment required to be fully accessible or adaptable in apartment complexes of 20 or more units as defined under Section .03(8) of this chapter, the provisions of a Type A unit found in Chapter 10 of the 2003 edition of the ANSI A117 shall be met. 50% of this number of fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall.
(3) Pursuant to O.C.G.A. § 30-3-3, all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, shall comply with the rules and regulations adopted by the Safety Fire Commissioner which meet ADAAG and establish the minimum state standards for accessibility.(4) The Board of Regents of the University System of Georgia ("Board of Regents") and the local governing authority having jurisdiction over the buildings not subject to the jurisdiction of the Safety Fire Commissioner as specified in O.C.G.A. § 30-3-7, after consultation with state rehabilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under Chapter 3 of Title 30 provided they are not less restrictive than those established by this Chapter.Ga. Comp. R. & Regs. R. 120-3-20-.02
O.C.G.A. §§ 30-3-1, 30-3-3, 30-3-7, 33-2-9, and 50-13-21.
Adopted: Rule entitled "Application"adopted. F. May 23, 2012; eff. June 11, 2012.Repealed: New Rule of same title adopted. F. Dec. 12, 2014; eff. Jan. 1, 2015.