[Adopted as Ord. No. 69-1988 (Ch. 7, Art. IX, of the 1979 Code]
The regulations set forth in this Article III are adopted by the Council to provide that buildings have accessible routes, usable or adaptable space and accessible elements and facilities to make such buildings accessible and usable by establishing a safe environment for all categories of people having physical disabilities.
The following words and phrases when used in this Article III shall have meanings given to them in this section unless the context clearly indicates otherwise:
Describes a building, building site or portion thereof which
complies with the specifications and standards established by the
Department of Community Development and based upon the American National
Standards Institute (ANSI), which are official federal government
standards, and that can be approached, entered and negotiated by persons
with physical handicaps.
A continuous unobstructed path which connects all areas within
a building and a building site that can be negotiated by a person
with a severe physical handicap, using a wheelchair and that is also
safe for and usable by people with other physical handicaps.
All or a portion of a facility or structure wherein specific
services are provided or activities are performed. For purposes of
this Article, when a facility or structure is used for residential
purposes, as well as nonresidential purposes, then the areas occupied
for each purpose shall be treated as separate buildings.
The total cost or estimated cost of a building, including
all labor, materials and fixed equipment at current market rates and
a reasonable allowance for overhead and profit for a building contractor,
in and excluding the cost of architectural fees, other design consultant
fees and the cost of the land. The owner or the owner's agent shall
provide the construction cost to the Department of Community Development.
Includes but is not limited to parking access aisles, curb
cuts, walks, ramps and lifts.
Includes but is not limited to corridors, floors, ramps,
elevators, lifts and clear floor space at fixtures.
Individuals who have a physical impairment, including impaired
sensory or manual abilities, which results in a functional limitation
in access to and use of a building or facility.
Employees, visitors or any other persons who may be on the
premises for a lawful purpose.
The current fair market value of the building prior to the
remodeling as can be reasonably determined from an appraisal provided
by the owner or the owner's agent.
The standards and specifications set forth in this Article III and any regulations adopted pursuant to it shall apply to any building used by the public that is constructed or remodeled on or after the effective date of this Article III, including but not limited to: factories, power plants, mercantile buildings, shopping centers, department stores, theaters, retail stores, sports arenas, hotels, motels, office buildings, financial institutions, hospitals, public and private institutions, convalescent and nursing homes, schools, colleges, dormitories, auditoriums, gymnasiums, transportation stations and terminals, warehouses, garages, theaters, motion-picture theaters, museums, concert halls, summer stock theaters, dance halls, banquet halls, skating rinks, armory halls, places of worship, apartment houses, club houses, lodging houses, rooming houses and any other building facility or complex used by the public.
All new buildings, new construction begun on or after the effective date of this Article III, of buildings and building sites must comply with this Article III and be accessible to and usable by persons with physical handicaps. New construction of buildings for which the contracts for the planning, design or both have been awarded prior to the effective date of this Article III, shall not be construed as having begun construction on or after the effective date of this Article III.
A.
All remodeling of existing structures or buildings and building sites begun on or after the effective date of this Article III, must comply with this Article III and shall be accessible to and usable by persons with physical handicaps to the degree required as follows:
(1)
When the construction cost of the remodeling is less
than 30% of the worth of the building, only the remodeled area or
areas shall be accessible to and usable by persons with physical handicaps.
An accessible route to the remodeled area or areas is not required.
(2)
When the construction cost of the remodeling is greater
than or equal to 30% but less than 50% of the worth of the building,
the remodeled area or areas shall be made accessible and usable by
persons with physical handicaps and an accessible route to the remodeled
area or areas shall be provided. The cost of providing an accessible
route to the remodeled area or areas shall not be considered when
calculating the required degree of conformity.
(3)
When the construction cost of the remodeling is 50%
or more of the worth of the building, the entire building and building
site shall be made accessible to and usable by persons with physical
handicaps.
(4)
When any series of remodeling is made to a building
over any three-year period which accumulates in a series of construction
costs which total 30% or more, but less than a 50% of the worth of
the building at the beginning of the three-year period, the remodeled
area shall be made accessible to and usable by persons with physical
handicaps and an accessible route to the areas shall be provided.
When any series of remodeling is made to a building over any three-year
period which accumulates in any series of construction costs which
total 50% or more of the worth of the building at the beginning of
the three-year period the entire building and building site shall
be made accessible to and usable by persons with physical handicaps.
A.
Single-family and multifamily dwellings which are exclusively residential and which house four or fewer families are excluded from the requirements of this Article III.
B.
Accessibility provisions which the Department of Community
Development determines cannot be accomplished without threatening
or destroying the historic significance of a building which has been
identified and classified by the Pennsylvania Historical and Museum
Commission as historic are not required.
It shall be the duty of the owner or owner's agent of every building or building site covered by this Article III, hereafter constructed or remodeled, to submit to the Department of Community Development for approval construction documents, request for variances or other data required by the department showing compliance with the provision of this article and with regulations adopted pursuant to it. No building or building site covered by this Article shall be constructed or remodeled until approval has been given by the Department of Community Development.
The Department of Community Development may
waive or grant exception to the requirements of this Article for the
construction or remodeling of buildings, provided that such waiver
would not significantly adversely affect provisions for health, safety
and security in that equally safe and proper alternatives are prescribed,
and further that such waiver or variance is based upon a specific
finding that strict compliance with the requirement:
A.
Would create an undue economic burden.
B.
Would not achieve its intended objective.
C.
Would be physically or legally impossible.
D.
Would be unnecessary in light of alternatives which
ensure the achievement of the intended objective or which without
a loss in the level of safety, achieve the intended objective more
efficiently, effectively or economically.
If the owner or owner's agent of a building covered by this Article fails to obtain approval from the Department of Community Development and nevertheless proceeds with construction or remodeling of the building, this shall constitute a violation of this Article III and the Department of Community Development shall serve notice on the owner or owner's agent. The Department of Community Development may order the owner or owner's agent to cease all work on the building immediately. When the Department orders all work to cease on the building, a notice shall be placed at the building site prohibiting the continuation of work being performed until approval is given by the Department.
If a building covered by this Article III shall be constructed, remodeled or leased in violation of any provisions of this Article III or of the regulations promulgated under it, a written order shall be served by the Department of Community Development upon the particular governmental agency or private owner or the owner's agent identifying the conditions which constitute the violation, directing their correction within reasonably and specified time periods, and notifying the owner or owner's agent of the appeal rights as set forth below.
An order issued by the Department of Community
Development pursuant to this article may be appealed to the Building
Board of Appeals within 30 days of issuance. The appeal may include
an application for an exception. The board shall consider the guidelines
and recommendations of Department of Community Development and issue
an adjudication in accordance with Title 2 of the Pennsylvania Consolidated
Statutes (relating to Administrative Law and Procedures).
The Department of Community Development may
secure enforcement of its orders or other appropriate relief through
the Courts of Common Pleas. Enforcement of a Department of Community
Development order shall be initiated by the filing of a complaint
in the appropriate court and issuance and service of a copy of the
complaint as in proceedings in equity.
A.
An owner who violates a provision of this Article III or of the regulations promulgated under it and who fails or refuses to observe orders issued by the Department of Community Development for enforcement of this Article III or regulations promulgated under it shall be subject to a fine of not more than $300 for each day that the violation continues. Prosecutions for violations of this Article or regulations of the Department shall be in the form of summary criminal proceedings.
B.
Upon conviction, after a hearing these penalties shall
be imposed and shall be final unless an appeal be taken in a manner
prescribed by law.
