Rule 120-3-20-.03 - Definitions(1) "ADAAG"means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities issued by the United States Architectural and Transportation Barriers Compliance Board as set forth in the Federal Register.(2) "Adaptable"is further explained as follows:(a) Adaptable refers to features provided for but not actually installed. Such adaptability makes it possible for features required by ADAAG to be added for the occupant without major structural alteration;(b) Items not installed at the time of construction under the adaptable provisions of ADAAG, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a person with disabilities, within 30 days after his or her application for occupancy is approved by the owner.(3) "Safety Fire Commissioner"means the Safety Fire Commissioner provided for in Chapter 2 of Title 25.(4) "Covered multifamily dwelling"means a building which had first occupancy after March 31, 1993, and consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator.(5) "Existing Building"means buildings, structures, facilities or conditions which are already in existence or constructed and officially authorized prior to the effective date of the adoption of this Chapter. This definition shall apply to all situations covered by this chapter except where otherwise noted by this chapter.(6) "Facilities"shall include, but is not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other man-made or developed area used by the public.(7) "Government buildings"means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which persons with disabilities or elderly persons may be employed, that are constructed, leased, or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regulate, all buildings and structures used by the public which are constructed or renovated in whole or in part by use of federal funds.(8) "Public buildings"means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which persons with disabilities or elderly persons may be employed, that are constructed or renovated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, but excluding covered multifamily dwellings; provided, however, that this chapter shall require fully accessible or adaptable units in only 2 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater; provided, further, that this chapter shall not apply to a private single-family residence or to duplexes or any complex containing fewer than 20 units, or to residential condominiums. Regarding the 2% of the total rental apartments or the minimum of one rental apartment required to be fully accessible or adaptable, the provisions of a Type A unit found in Chapter 10 of the 2003 edition of the ANSI A117 shall be met. Fifty percent of the fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall.(9) "Used by the public"as applied to .03(8) of this chapter, shall not include those elements of covered multi- family dwelling complexes used only by members of the immediate dwelling community and their guests, as described in the Federal Fair Housing Amendments Act of 1988 cited in Article 4 of Title 8 of the Official Code of Georgia Annotated.(10) "Reasonable number"for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, as used in O.C.G.A. § 30-3-4, shall mean the minimum number as established by ADAAG.(11) "Reasonable number"for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July 1, 1995, as used in O.C.G.A. § 30-3-4, shall be defined for each of the following standards to mean: (a) "Accessible parking spaces for persons with disabilities (American National Standards Institute [ANSI] 4.6.1) in a reasonable number"means the minimum required by the 2010 ADA Standards for Accessible Design, but not less than the number determined as follows: 1. With a total of 1-400 parking spaces provided, then a minimum number of 1 space or 2 percent of the total provided shall be designated as accessible parking spaces in accordance with 120-3-20-.06, whichever is greater.2. With a total of 401 or more parking spaces is provided, then a minimum number of 8 spaces plus 1 percent of the total provided above 401.(b) "Accessible entrances (ANSI 4.14) in a reasonable number"means that all primary entrances usually considered major points of pedestrian flow must be accessible to and usable by persons with disabilities;(c) "Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms (ANSI 4.22) in a reasonable number"means that for every floor which is to be made accessible to and usable by persons with disabilities at least one toilet room, bathroom, bathing facility, and shower room at a reasonable location shall conform to ANSI 4.22; and(d) "Accessible seating, tables, and work surfaces (ANSI 4.30) in a reasonable number"means the minimum required by the 2010 ADA Standards for Accessible Design, but not less than the following: 1. With a total of 1-50 seats provided, then a minimum number of 2 adjacent spaces shall be provided for wheelchair users.2. With a total of 51-400 seats provided, then a minimum number of 4 spaces shall be provided including 2 adjacent spaces for wheelchair users.3. With a total of 401 or more seats provided, then a minimum even number of spaces shall be provided including not less than 1 percent of the total number of spaces located throughout all price ranges or locations, or both.(12) "Renovation"means: (a) If any specific component of an elevator is replaced or moved from its existing location to a different location, then the specific component shall be required to meet the ANSI A117.1 Standard, as specified in this Code section, as it applies to that specific component, including an accessible route as defined in the ANSI A117.1 Standard;(b) Any component of a building, structure, or facility, which is replaced, except for the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Standard as specified in this Code section, including an accessible route as defined in the ANSI A117.1 Standard; or(c) The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the appropriate political subdivision.Ga. Comp. R. & Regs. R. 120-3-20-.03
O.C.G.A. §§ 30-3-2, 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