156 Neb. Admin. Code, ch. 3, § 005

Current through September 17, 2024
Section 156-3-005 - Alterations: Elevator Exemption
005.01 This section does not require the installation of an elevator in an altered facility that is less than three stories or has less than 3,000 square feet per story, except with respect to any facility that houses a shopping center, a shopping mall, the professional office of a health care provider, a terminal, depot, or other station used for specified public transportation, or an airport passenger terminal.
005.01A. For the purposes of this section, .professional office of a health care provider. means a location where a person or entity regulated by a State to provide professional services related to the physical or mental health of an individual makes such services available to the public. The facility that houses a .professional office of a health care provider. only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider.
005.01B. For the purposes of this section, shopping center or shopping mall means:
005.01B1. A building housing five or more sales or rental establishments; or
005.01B2. A series of buildings on a common site, connected by a common pedestrian access route above or below the ground floor, that is either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. The facility housing a .shopping center or shopping mall. only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.
005.02 The exemption provided in 005.01 above does not obviate or limit in any way the obligation to comply with the other accessibility requirements established in this chapter. For example, alterations to floors above or below the accessible ground floor must be accessible regardless of whether the altered facility has an elevator.

156 Neb. Admin. Code, ch. 3, § 005