An Act To Amend the Maine Human Rights Act Regarding Accessible Building Standards
Maine Legislature, Session 125, LD 1531
Committee: Judiciary
Sponsors: HASTINGS
Amends: 5 MRSA §4593, 5 MRSA §4594, 5 MRSA §4594-A, 5 MRSA §4594-B, 5 MRSA §4594-C, 5 MRSA §4594-D, 5 MRSA §4594-F, 5 MRSA §4594-G

Legislative Document 
No. 1531 
S.P. 488 
In Senate, May 3, 2011 
An Act To Amend the Maine Human Rights Act Regarding 
Accessible Building Standards 
Submitted by the Maine Human Rights Commission pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator HASTINGS of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §4593, as amended by PL 1995, c. 393, §25, is further amended 
to read: 
§4593.  Standards for facilities constructed or altered between September 1, 1974 
and January 1, 1982 
1.  Public accommodations.  For any building or facility constructed specifically as 
a place of public accommodation on or after September 1, 1974, but before January 1, 
1982, or when the estimated total costs for remodeling or enlarging an existing building 
exceed $250,000 and the remodeling or enlarging is begun before January 1, 1982, the 
following standards of construction must be met.  
A.  There must be at least one public walk not less than 40 inches wide with a slope 
not greater than one foot rise in 12 feet leading directly to a primary entrance.  
However, after April 1, 1977, the public walk must be not less than 48 inches wide. 
B.  There must be a door at the primary entrance with a clear opening of not less than 
inches and operable by a single effort. If doors at a primary entrance are in a 
series, they must have a space between them of not less than 84 inches measured 
from their closed positions; and each must open in the same direction so that swings 
do not conflict. 
C.  Rest room facilities must have at least one stall that is not less than 4 feet wide, 5 
feet in depth, a 32-inch wide door that swings out or slides, handrails on each side 
mounted 33 inches from the floor, and a water closet with a seat 20 inches high. 
D.  Doors that are not intended for normal use, and that are dangerous if a blind 
person were to enter or exit by them, must be made identifiable to touch by knurling 
the handle or knob. 
E.  There must be parking spaces designated for persons with physical disability set 
aside in adequate number and clearly marked for use only by the disabled.  Set aside 
in adequate number means that, for every 25 parking spaces made available to the 
public on a public or private parking lot, at least one of those spaces must be made 
available in an appropriate location for parking exclusively used by persons with 
physical disability. 
In any building designed and constructed specifically for public accommodations, the 
bathroom facilities and all accompanying fixtures must be arranged to permit access and 
use by a person in a wheelchair in at least 1% of the living units.  The units must be 
constructed on ground level and must comply with paragraph C. 
2.  Places of employment.  For any building or facility constructed specifically as a 
place of employment on or after September 1, 1974, but before January 1, 1982, or when 
the estimated total costs for remodeling or enlarging an existing building exceeds exceed 
$100,000, and the remodeling or enlarging is begun before January 1, 1982, the public 
accommodation provisions relating to walks, entries, restroom rest room facilities and 
doors apply. 
Sec. 2.  5 MRSA §4594, as amended by PL 1991, c. 99, §24, is further amended to 
read: 
§4594.  Standards for facilities constructed or altered between January 1, 1982 and 
January 1, 1984 
1.  Facilities attested.  This section applies for the following facilities:  
A.  Any building or facility constructed specifically as a place of public 
accommodation on or after January 1, 1982 but before January 1, 1984, or when the 
estimated total costs for remodeling or enlarging an existing building exceeds 
$250,000 and the remodeling or enlarging is begun after January 1, 1982 but before 
January 1, 1984; and 
B.  Any building or facility constructed specifically as a place of employment on or 
after January 1, 1982 but before January 1, 1984, or when the estimated total costs for 
remodeling or enlarging an existing building exceeds exceed $100,000, and the 
remodeling or enlarging is begun after January 1, 1982 but before January 1, 1984. 
2.  Application.  Facilities subject to this section must meet the requirements of the 
1981 standards of construction adopted pursuant to Title 25, chapter 331, to implement 
the following 4 parts of the American National Standards Institute's "Specification for 
Making Buildings and Facilities Accessible to and Usable by Physically Handicapped 
People," (ANSI A 117.1-1980): 
A.  4.3 Accessible Route; 
B.  4.13 Doors; 
C.  4.17 Toilet Stalls; 
D.  4.29.3 Tactile Warnings on doors to Hazardous Areas; and 
E.  Parking spaces for use by persons with physical disability in adequate number, 
pursuant to section 4593, subsection 1, paragraph E. 
Sec. 3.  5 MRSA §4594-A, as amended by PL 1991, c. 99, §25, is further amended 
to read: 
§4594-A.  Standards for facilities constructed or altered between January 1, 1984 
and January 1, 1988 
1.  Facilities attested.  This section applies to any building or facility constructed 
specifically as a place of public accommodation on or after January 1, 1984 but before 
January 1, 1988, or when the estimated total costs for remodeling or enlarging an existing 
building exceeds exceed $150,000 and the remodeling or enlarging is begun after January 
1, 1984 but before January 1, 1988.  
2.  Application.  Facilities subject to this section must meet the following standards. 
A.  Facilities subject to this section constructed on or after January 1, 1984, but 
before January 1, 1988 must meet the requirements of the 1981 standards of 
construction adopted pursuant to Title 25, chapter 331. 
B.  Plans to reconstruct, remodel or enlarge an existing place of public 
accommodation, when the estimated total cost exceeds $150,000, are subject to  this 
section when the proposed reconstruction, remodeling or enlargement will 
substantially affect that portion of the building normally accessible to the public.  
Facilities subject to this section which that are remodeled, enlarged or renovated on 
or after January 1, 1984, but before January 1, 1988 must meet the requirements of 
the following 4 parts of the 1981 standards of construction adopted pursuant to Title 
25, chapter 331:  
(1)  4.3 accessible route;  
(2)  4.13 doors;  
(3)  4.17 toilet stalls;  
(4)  4.29.3 tactile warnings on doors to hazardous areas; and  
(5)  Parking spaces for use by persons with physical disability in adequate 
number, pursuant to section 4593, subsection 1, paragraph E. 
Sec. 4.  5 MRSA §4594-B, as amended by PL 1987, c. 402, Pt. B, §5, is further 
amended to read: 
§4594-B.  Standards for facilities constructed or altered between January 1, 1988 
and September 1, 1988 
1.  Definitions. As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings. 
A.  "Builder" means the applicant for a building permit in a municipality that requires 
such permits or the owner of the property in a municipality that does not require 
building permits. 
B.  "Design professional" means an architect or professional engineer registered to 
practice under Title 32. 
C.  "Standards of construction" means the 1986 standards set forth by the American 
National Standards Institute in the publication "Specifications for Making Buildings 
and Facilities Accessible to and Usable by Physically Handicapped People," ANSI A 
117.1-1986. 
2.  Facilities attested.  This section applies to any building or facility constructed 
specifically as a place of public accommodation on or after January 1, 1988, but before 
September 1, 1988 or when the estimated total costs for remodeling or enlarging an 
existing building exceeds exceed $150,000 and the remodeling or enlarging is begun after 
January 1, 1988 but before September 1, 1988. 
3.  Application.  Facilities subject to this section shall must meet the following 
standards.  
A.  Facilities subject to this section constructed on or after January 1, 1988, shall but 
before September 1, 1988 must meet the standards of construction. 
B.  Plans to reconstruct, remodel or enlarge an existing place of public 
accommodation, when the estimated total cost exceeds $150,000, shall be are subject 
to this section when the proposed reconstruction, remodeling or enlargement will 
substantially affect that portion of the building normally accessible to the public.  
Facilities subject to this section which that are remodeled, enlarged or renovated on 
or after January 1, 1988, shall but before September 1, 1988 must meet the 
requirements of the following 4 parts of the standards of construction:  
(1)  4.3 accessible routes;  
(2)  4.13 doors;  
(3)  4.17 toilet stalls; and  
(4)  4.29.3 tactile warnings on doors to hazardous areas. 
4.  Certification; inspection.  The builder of a facility to which this section applies 
shall obtain a certification from a design professional that the plans of the facility meet 
the standards of construction required by this section. Prior to commencing construction 
of the facility, the builder shall submit the certification to:  
A.  The municipal authority who reviews plans in the municipality where the facility 
will be constructed; or 
B.  If the municipality where the facility will be constructed has no authority who 
reviews plans, the municipal officers of the municipality. 
If municipal officials of the municipality where the facility will be constructed inspect 
buildings for compliance with construction standards, that inspection shall include an 
inspection for compliance with the standards required by this section. The municipal 
officials shall require the facility inspected to meet the construction standards of this 
section before the municipal officials permit the facility to be occupied. 
Sec. 5.  5 MRSA §4594-C, as enacted by PL 1987, c. 686, §1, is amended to read: 
§4594-C.  Standards for facilities constructed or altered between September 1, 1988 
and January 1, 1991 
1.  Definitions.  As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings. 
A.  "Builder" means the applicant for a building permit in a municipality that requires 
such permits or the owner of the property in a municipality that does not require 
building permits. 
B.  "Design professional" means an architect or professional engineer registered to 
practice under Title 32. 
C.  "Standards of construction" means the 1986 standards set forth by the American 
National Standards Institute in the publication "Specifications for Making Buildings 
and Facilities Accessible to and Usable by Physically Handicapped People," ANSI A 
117.1-1986. 
2.  Facilities attested.  This section applies to any building or facility constructed 
specifically as a place of public accommodation on or after September 1, 1988, but before 
January 1, 1991 or when the estimated total costs for remodeling or enlarging an existing 
building exceed $100,000 and the remodeling or enlarging is begun after September 1, 
1988 but before January 1, 1991. 
3.  Application.  Facilities subject to this section shall must meet the following 
standards. 
A.  Facilities subject to this section, constructed on or after September 1, 1988, shall 
but before January 1, 1991 must meet the standards of construction, except that, in 
the case of toilet stalls, at least one toilet stall shall be the standard stall configuration 
pursuant to ANSI Figure 30(a).  Any additional toilet stalls may be either standard 
stall configuration, ANSI Figure 30(a), or alternate stall configuration, ANSI Figure 
30(b). 
B.  Plans to reconstruct, remodel or enlarge an existing place of public 
accommodation, when the estimated total cost exceeds $100,000, shall be are subject 
to this section when the proposed reconstruction, remodeling or enlargement 
substantially affects that portion of the building normally accessible to the public. 
Facilities subject to this section which that are remodeled, enlarged or renovated on 
or after September 1, 1988, but before January 1, 1991 shall meet the requirements of 
the following 4 parts of the standards of construction: 
(1)  4.3 accessible routes; 
(2)  4.13 doors; 
(3)  4.17 toilet stalls, at least one of which must be a standard toilet stall 
configuration pursuant to ANSI Figure 30(a). Any additional toilet stalls may be 
either standard stall configuration, ANSI Figure 30(a), or alternate stall 
configuration, ANSI Figure 30(b); and 
(4)  4.29.3 tactile warnings on doors to hazardous areas. 
4.  Certification; inspection.  The builder of a facility to which this section applies 
shall obtain a certification from a design professional that the plans of the facility meet 
the standards of construction required by this section.  Prior to commencing construction 
of the facility, the builder shall submit the certification to: 
A.  The municipal authority who reviews plans in the municipality where the facility 
will be constructed; or 
B.  If the municipality where the facility will be constructed has no authority who 
reviews plans, the municipal officers of the municipality. 
If municipal officials of the municipality where the facility will be constructed inspect 
buildings for compliance with construction standards, that inspection shall must include 
an inspection for compliance with the standards required by this section.  The municipal 
officials shall require the facility inspected to meet the construction standards of this 
section before the municipal officials permit the facility to be occupied. 
Sec. 6.  5 MRSA §4594-D, as amended by PL 1993, c. 349, §10; c. 410, Pt. X, §§2 
and 3; and c. 450, §1, is further amended to read: 
§4594-D.  Standards for facilities constructed or altered between January 1, 1991 
and January 1, 1996 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Builder" means the applicant for a building permit in a municipality that requires 
such permits or the owner of the property in a municipality that does not require 
building permits. 
B.  "Design professional" means an architect or professional engineer registered to 
practice under Title 32. 
C.  "Standards of construction" means the 1986 standards set forth by the American 
National Standards Institute in the publication "Specifications for Making Buildings 
and Facilities Accessible to and Usable by Physically Handicapped People," ANSI A 
117.1-1986. 
2.  Facilities attested.  This section applies to any building or facility constructed 
specifically as a place of public accommodation or place of employment on or after 
January 1, 1991, but before January 1, 1996 or when the estimated total costs for 
remodeling, enlarging or renovating an existing building exceed $100,000, and the 
remodeling, enlarging or renovating is begun after January 1, 1991 but before January 1, 
1996. 
3.  Application.  Facilities subject to this section must meet the following standards. 
A.  Places of employment or public accommodation and additions to these places 
constructed on or after January 1, 1991, but before January 1, 1996 must meet the 
standards of construction. 
B.  Except for repairs undertaken in accordance with the rules adopted pursuant to 
subsection 4, when the proposed remodeling or renovation substantially affects that 
portion of the building normally accessible to the public, places of employment or 
public accommodation remodeled or renovated on or after January 1, 1991, but 
before January 1, 1996 must meet the following 5 parts of the standards of 
construction: 
(1)  4.3 accessible routes; 
(2)  4.13  doors; 
(3)  4.29.3 tactile warnings on doors to hazardous areas; 
(4)  Parking spaces for use by persons with physical disability in adequate 
number, pursuant to section 4593, subsection 1, paragraph E; and 
(5)  4.17 toilet stalls, at least one of which must be a standard toilet stall 
configuration pursuant to ANSI Figure 30(a).  Any additional toilet stalls within 
the same toilet room may be either standard stall configuration, ANSI Figure 
30(a), or alternate stall configuration, ANSI Figure 30(b). 
4.  Rules.  The commission may adopt, alter, amend and repeal rules designed to 
make buildings under this section accessible to, functional for and safe for use by persons 
with physical disability in accordance with subsection 3, and may adopt, alter, amend and 
repeal rules designed otherwise to enforce this section. 
5.  Certification; inspection.  The builder of a facility to which this section applies 
shall obtain a certification from a design professional that the plans meet the standards of 
construction required by this section.  The builder shall provide the certification to the 
Office of the State Fire Marshal with the plans of the facility.  The builder shall also 
provide the certification to the municipality where the facility exists or will be built. 
6.  Training, education and assistance.  The commission and the Office of the State 
Fire Marshal shall, as necessary, develop information packets, lectures, seminars and 
educational forums on barrier-free design for the purpose of increasing the awareness and 
knowledge of owners, architects, design professionals, code enforcers, building 
contractors and other interested parties. 
7.  Mandatory plan review; certification; inspection.  Builders of the following 
newly constructed facilities must submit plans to the Office of the State Fire Marshal to 
ensure that the plans meet the standards of construction required by subsection 3: 
A.  Restaurants; 
B.  Motels, hotels and inns; 
C.  State, municipal and county buildings; and 
D.  Schools, elementary and secondary. 
Fees for reviews are established by the Office of the State Fire Marshal. 
No building permit may be issued by the municipal authority having jurisdiction to issue 
these permits unless the Office of the State Fire Marshal approves the plans and certifies 
that the facility covered by the mandatory plan review meets the standards of construction 
required by this section; if, however, no decision is rendered within 2 weeks of 
submission to the Office of the State Fire Marshal, the builder may submit the building 
permit request directly to the municipality with an attestation that the plans meet the 
standards of construction. 
If officials of the municipality in which the facility is constructed, renovated, remodeled 
or enlarged inspect buildings for compliance with construction standards, that inspection 
must include an inspection for compliance with the certified plans.  The  municipal 
officials shall require that the facility be inspected for compliance with construction 
standards before the municipal officials permit the facility to be occupied. 
8.  Voluntary plan review.  Builders of facilities not governed by subsection 7 may 
submit plans to the Office of the State Fire Marshal to ensure that the plans meet the 
standards of construction required by subsection 3.  Fees for this review may be assessed 
by the Office of the State Fire Marshal. 
9.  Waivers; variance.  Builders of facilities governed by subsection 7 may file a 
petition with the State Fire Marshal requesting a waiver or variance of the standards of 
construction.  If the representative of the Office of the State Fire Marshal determines in 
cases covered by mandatory plan review that compliance with this section and its rules is 
not technologically feasible or would result in excessive and unreasonable costs without 
any substantial benefit to persons with physical disability, the State Fire Marshal may 
provide for modification of, or substitution for, these standards.  In all petitions for 
variance or waiver, the burden of proof is on the party requesting a variance or waiver to 
justify its allowance. 
Requests for waivers or variances for buildings covered by mandatory plan review are 
heard by a designee of the Office of the State Fire Marshal.  A decision must be provided 
in writing to the party requesting the waiver or variance. 
10.  Appeals.  Decisions of the State Fire Marshal on requests for waivers or 
variances in cases covered by mandatory plan review are subject to review in Superior 
Court upon petition of the aggrieved party within 30 days after the issuance of the 
decision for which review is sought.  The court may enter an order enforcing, modifying 
or setting aside the decision of the State Fire Marshal, or it may remand the proceeding to 
the State Fire Marshal for such further action as the court may direct. 
11.  Report.  The commission shall report to the joint standing committee of the 
Legislature having jurisdiction over judiciary matters by March 1992, regarding the 
effectiveness of efforts to provide technical assistance and compliance with the standards 
set forth in this section requiring accessibility by persons subject to this section.  The 
commission shall submit a copy of the report to the Executive Director of the Legislative 
Council. 
Sec. 7.  5 MRSA §4594-F, as amended by PL 1997, c. 630, §§1 to 4, is further 
amended to read: 
§4594-F.  Standards for facilities constructed or altered between January 1, 1996 
and March 15, 2012 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Alteration" means a change to a place of public accommodation or a commercial 
facility that affects or could affect the usability of the building or facility or any part 
of the building or facility, including, but not limited to, reconstruction, remodeling, 
rehabilitation, historic restoration, changes or rearrangement in structural parts or 
elements and changes or rearrangement in the plan configuration of walls and full-
height partitions. 
B.  "Builder" means the applicant for a building permit in a municipality that requires 
such permits or the owner of a property in a municipality that does not require 
building permits. 
D.  "Facility" means all or any portion of buildings, structures, sites, complexes, 
equipment, rolling stock or other conveyances, roads, walks, passageways, parking 
lots or other real or personal property, including the site where the building, property, 
structure or equipment is located. 
E.  "Historic preservation programs" means programs conducted by a public or 
private entity that have preservation of historic properties as a primary purpose. 
F.  "Historic properties" means those properties that are listed or eligible for listing in 
the National Register of Historic Places or the State of Maine Register of Historic 
Places. 
G.  "Maximum extent feasible" applies to the occasional case when the nature of an 
existing facility makes it virtually impossible to comply fully with applicable 
accessibility standards through a planned alteration.  In these circumstances, the 
alteration must provide the maximum physical accessibility feasible.  Any altered 
features of the facility that can be made accessible must be made accessible.  If 
providing accessibility in conformance with this section to individuals with certain 
disabilities would not be feasible, the facility must be made accessible to persons 
with other types of disabilities. 
H.  "New construction" includes, but is not limited to, the design and construction of 
facilities for first occupancy after January 1, 1996 or an alteration affecting at least 
80% of the space of the internal structure of facilities after January 1, 1996. 
I.  "Readily achievable" means easily accomplishable and able to be carried out 
without much difficulty or expense.  In determining whether an action is readily 
achievable, factors to be considered include: 
(1)  The nature and cost of the action needed under this subchapter; 
(2)  The overall financial resources of the facility or facilities involved in the 
action, the number of persons employed at the facility, the effect on expenses and 
resources or other impacts of the action on the operation of the facility; 
(3)  The overall financial resources of the covered entity, the overall size of the 
business of a covered entity with respect to the number of its employees and the 
number, type and location of its facilities; and 
(4)  The type of operation or operations of the covered entity, including the 
composition, structure and functions of the entity's work force, the geographic 
separateness and administrative or fiscal relationship of the facility or facilities in 
question to the covered entity. 
J.  "Standards of construction" means the standards set forth in the federal Americans 
with Disabilities Act Accessibility Guidelines, "ADAAG," standards.  The ADAAG 
standards of construction replace ANSI standards and provide the architectural 
standards of construction. 
2.  Facilities attested.  This section applies to any building or facility constructed 
specifically as a place of public accommodation or place of employment on or after 
January 1, 1996 but before March 15, 2012 or to any alterations of an existing place of 
public accommodation or place of employment when the alteration is begun after January 
1, 1996 but before March 15, 2012, unless such construction or alteration is covered by 
section 4594-G, in which case section 4594-G and not this section applies.  As an 
alternative to compliance with this section, any new construction or alterations covered 
by this section may comply with section 4594-G. 
3.  Application.  Facilities subject to this section must meet the following standards. 
A.  Places of employment or public accommodation and additions to those places 
constructed on or after January 1, 1996, but before March 15, 2012 the standards of 
must meet the standards of construction, including, but not limited to, the 5 parts of 
the standards of construction in paragraph B, subparagraph (2). 
B.  Alterations are governed by the following. 
(1)  Any alteration to a place of public accommodation, commercial facility or 
place of employment on or after January 1, 1996 but before March 15, 2012 must 
be made so as to ensure that, to the maximum extent feasible, the altered portions 
of the facility are readily accessible to and usable by individuals with disabilities, 
including individuals who use wheelchairs.  If existing elements, spaces or 
common areas are altered, then each altered element, space or area must comply 
with the applicable provisions of the standards of construction. 
(2)  This subparagraph applies to only buildings remodeled or renovated or to any 
alterations if the estimated total costs for remodeling or renovating or for 
alterations to an existing building exceed $100,000. 
(a)  Except for repairs undertaken in accordance with the rules adopted 
pursuant to subsection 4, when the proposed alteration substantially affects 
that portion of the building normally accessible to the public, a place of 
employment or public accommodation altered on or after January 1, 1996 but 
before March 15, 2012 must meet the following 5 parts of the standards of 
construction or as otherwise indicated: 
(i)  4.3 accessible routes; 
(ii)  4.13 doors; 
(iii)  Tactile warnings on doors to hazardous areas.  Doors that lead to 
areas that might prove dangerous to a blind person, for example, doors to 
loading platforms, boiler rooms, stages and the like, must be made 
identifiable to the touch by a textured surface on the door handle, knob, 
pull or other operating hardware.  This textured surface may be made by 
knurling or roughening or by a material applied to the contact surface.  
Textured surfaces may not be provided for emergency exit doors or any 
doors other than those to hazardous areas; 
(iv)  Parking spaces for use by persons with physical disabilities pursuant 
to 4.1.2 of the standards of construction; and 
(v)  4.17 toilet stalls, at least one of which must be a standard toilet stall 
configuration pursuant to ADAAG figure 30(a).  Any additional toilet 
stalls within the same toilet room may be either standard stall 
configuration, ADAAG figure 30(a) or alternate stall configuration 
ADAAG figure 30(b). 
(b)  In addition to the 5 parts of the standards of construction specified in 
division (a), each of which must be met regardless of the cost of the 5 parts of 
the standards, when the entity is undertaking an alteration that affects or 
could affect usability of or access to an area of the facility containing a 
primary function, the entity shall also make the alterations in such a manner 
that, to the maximum extent feasible, the path of travel to the altered area and 
the bathrooms, telephones and drinking fountains serving the altered area are 
readily accessible to and usable by individuals with disabilities where such 
alterations to the path of travel or the bathrooms, telephones and drinking 
fountains serving the altered area to the extent that the costs to provide an 
accessible path of travel do not exceed 20% of the cost of the alteration to the 
primary function area. 
If the cost to provide an accessible path of travel to the altered area exceeds 
20% of the costs of the alteration to the primary function area, the path of 
travel must be made accessible to the extent that it can be made accessible 
without incurring disproportionate costs. 
In determining whether the 20% cost figure has been met, the following 
analysis must be used.  The analysis must include an evaluation of whether 
the following elements of access have been provided, using the following 
order of priority, before costing 20%, regardless of other elements of access 
that may have been provided which may affect the path of travel: 
(i)  An accessible entrance; 
(ii)  An accessible route to the altered area; 
(iii)  At least one accessible restroom for each sex or a single unisex 
restroom; 
(iv)  Accessible telephones; 
(v)  Accessible drinking fountains; and 
(vi)  When possible, additional accessible elements such as parking, 
storage and alarms. 
The obligation to provide an accessible path of travel may not be evaded by 
performing a series of small alterations to the area served by a single path of 
travel if those alterations could have been performed as a single undertaking. 
(3)  This subparagraph applies to only buildings remodeled or renovated or to any 
alterations if the estimated total costs for remodeling or renovating or for 
alterations to an existing building do not exceed $100,000.  When the entity is 
undertaking an alteration that affects or could affect usability or access to an area 
of the facility containing a primary function, the entity shall make the alterations 
in a manner that, to the maximum extent feasible, the path of travel to the altered 
area and the bathrooms, telephones and drinking fountains serving the altered 
area are readily accessible to and usable by individuals with disabilities, where 
the alterations to the path of travel or the bathrooms, telephones and drinking 
fountains serving the altered area are not disproportionate to the overall 
alterations in terms of cost and scope. 
C.  This subsection may not be construed to require the installation of an elevator for 
a facility that is less than 3 stories in height or has less than 3,000 square feet per 
story unless the facility is 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 or a facility covered by Title II of the 
Americans with Disabilities Act or unless the United States Attorney General 
determines that a particular category of facility requires the installation of elevators 
based on the usage of the facility. 
4.  Curb ramps.  Curb ramps or other slopes are required in the following situations. 
A.  Newly constructed or altered streets, roads and highways must contain curb ramps 
or other sloped areas at any intersection having curbs or other barriers to entry from a 
street-level pedestrian walkway. 
B.    Newly constructed or altered street-level pedestrian walkways must contain curb 
ramps or other sloped areas at intersections to streets, roads or highways. 
5.  Rules.  The commission shall adopt, alter and amend rules designed to make 
facilities under this section accessible to, functional for and safe for use by persons with 
physical or mental disabilities in accordance with subsections 3 and 4 and shall adopt, 
alter and amend rules designed to enforce this section.  The commission may repeal only 
those rules contrary to this chapter.  The commission shall also adopt rules concerning 
procedures and requirements for alterations that will threaten or destroy the historic 
significance of qualified historic buildings and facilities as defined in 4.1.7(1) and (2) of 
the Uniform Federal Accessibility Standards, maintaining, at a minimum, the procedures 
and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility 
Standards. 
6.  Barrier-free certification; inspection.  If the costs of construction or alterations 
are at least $50,000, the builder of a facility to which this section applies must obtain a 
certification from an architect, professional engineer, certified interior designer or 
landscape architect who is licensed, certified or registered to practice under Title 32 and 
is practicing within the scope of that individual's profession that the plans meet the 
standards of construction required by this section.  The builder shall provide the 
certification to the Office of the State Fire Marshal with the plans of the facility.  The 
builder shall also provide the certification to the municipality where the facility exists or 
will be built.  Nothing in this section may be construed to change the scope of practice of 
any individual licensed, certified or registered to practice under Title 32. 
7.  Training, education and assistance.  The commission and the Office of the State 
Fire Marshal, with input from organizations representing individuals with disabilities, 
shall develop, as necessary, information packets, lectures, seminars and educational 
forums on barrier-free design for the purpose of increasing the awareness and knowledge 
of owners, architects, professional engineers, certified interior designers, landscape 
architects, code enforcers, building contractors, individuals with disabilities and other 
interested parties. 
8.  Mandatory plan review; certification; inspection.  Builders of newly 
constructed public buildings shall submit plans to the Office of the State Fire Marshal to 
ensure that the plans meet the standards of construction required by subsections 3 and 4. 
A.  For purposes of this subsection, "public building" means any building or structure 
constructed, operated or maintained for use by the general public, including, but not 
limited to, all buildings or portions of buildings used for: 
(1)  State, municipal or county purposes; 
(2)  Education; 
(3)  Health care; 
(4)  Public assembly; 
(5)  A hotel, motel or inn; 
(6)  A restaurant; 
(7)  Business occupancy; or 
(8)  Mercantile establishments occupying more than 3000 square feet. 
B.  The municipal authority having jurisdiction to issue building permits may not 
issue a building permit unless the Office of the State Fire Marshal approves the plans 
and certifies that the public building covered by this subsection meets the standards 
of construction required by this section.  If no decision is rendered within 2 weeks of 
submission to the Office of the State Fire Marshal, the builder may submit the 
building permit request directly to the municipality with an attestation from an 
architect or professional engineer licensed or registered to practice under Title 32 that 
the plans meet the standards of construction. 
C.  If officials of the municipality in which a restaurant; motel; hotel; inn; state; 
municipal or county building; or an elementary or secondary school covered by this 
subsection is constructed, renovated, remodeled or enlarged inspect buildings for 
compliance with construction standards, that inspection must include an inspection 
for compliance with the certified plans.  The municipal officials shall require that a 
facility covered by this paragraph be inspected for compliance with construction 
standards before the municipal officials permit a facility covered by this paragraph to 
be occupied. 
9.  Voluntary plan review.  Builders of facilities not governed by subsection 8 may 
submit plans to the Office of the State Fire Marshal to ensure that the plans meet the 
standards of construction required by subsections 3 and 4.  Certification for a voluntary 
plan review may be provided by an architect, professional engineer, certified interior 
designer or landscape architect licensed, certified or registered to practice under Title 32 
and practicing within the scope of that individual's profession. 
10.  Waivers; variance.  Builders of facilities governed by subsection 8 that are 
private entities, when the facilities are not to be owned or operated by, or leased to or by, 
a public entity, may file a petition with the State Fire Marshal requesting a waiver or 
variance of the standards of construction.  If a representative of the Office of the State 
Fire Marshal determines, in cases covered by mandatory plan review pursuant to 
subsection 8, that compliance with this section and its rules is structurally impracticable, 
the State Fire Marshal may provide for modification of, or substitution for, these 
standards.  In all petitions for variance or waiver, the burden of proof is on the party 
requesting the variance or waiver to justify its allowance. 
11.  Appeals relating to mandatory plan reviews.  Decisions of the State Fire 
Marshal on requests for waivers or variances in cases covered by mandatory plan review 
under subsection 8 are subject to review in Superior Court upon petition of the aggrieved 
party within 30 days after the issuance of the decision for which review is sought.  The 
court may enter an order enforcing, modifying or setting aside the decision of the State 
Fire Marshal, or it may remand the proceeding to the State Fire Marshal for further action 
as the court may direct. 
12.  Fees.  The Office of the State Fire Marshal shall establish fees for reviews, 
waivers or variances  under this section.  The Office of the State Fire Marshal shall pay 
all fees to the Treasurer of State to be used to carry out this chapter.  Any balance of these 
fees does not lapse but is carried forward as a continuing account to be expended for the 
same purposes in the following fiscal years. 
Sec. 8.  5 MRSA §4594-G is enacted to read: 
§4594-G.  Standards for facilities constructed or altered after March 15, 2012 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Alteration" means a change to a place of public accommodation or a commercial 
facility that affects or could affect the usability of the building or facility or any part 
of the building or facility, including, but not limited to, reconstruction, remodeling, 
rehabilitation, historic restoration, changes or rearrangement in structural parts or 
elements and changes or rearrangement in the plan configuration of walls and full-
height partitions.  Normal maintenance, reroofing, painting or wallpapering, asbestos 
removal or changes to mechanical and electrical systems are not alterations unless 
they affect the usability of the building or facility. 
B.  "Builder" means the applicant for a building permit in a municipality that requires 
such permits or the owner of a property in a municipality that does not require 
building permits. 
C.  "Commuter rail transportation" means short-haul rail passenger service operating 
in metropolitan and suburban areas, whether within or across the geographical 
boundaries of a state, usually characterized by reduced fare, multiple ride and 
commutation tickets and by morning and evening peak period operations. This term 
does not include light or rapid rail transportation. 
D.  "Demand responsive system" means any system of transporting individuals, 
including the provision of designated public transportation service by public entities 
and the provision of transportation service by private entities, including but not 
limited to specified public transportation service, that is not a fixed-route system. 
E.  "Designated public transportation" means transportation provided by a public 
entity other than public school transportation by bus, rail or other conveyance other 
than transportation by aircraft or intercity or commuter rail transportation that 
provides the general public with general or special service, including charter service, 
on a regular and continuing basis. 
F.  "Facility" means all or any portion of buildings, structures, sites, complexes, 
equipment, rolling stock or other conveyances, roads, walks, passageways, parking 
lots or other real or personal property, including the site where the building, property, 
structure or equipment is located. 
G.  "Fixed-route system" means a system of transporting individuals other than by 
aircraft, including the provision of designated public transportation service by public 
entities and the provision of transportation service by private entities, including, but 
not limited to, specified public transportation service, on which a vehicle is operated 
along a prescribed route according to a fixed schedule. 
H.  "Intercity rail transportation" means transportation provided by the National 
Railroad Passenger Corporation, doing business as Amtrak. 
I.  "New construction" includes, but is not limited to, the design and construction of a 
facility for first occupancy or an alteration if the cost of the alteration is 75% or more 
of the replacement cost of the completed facility. 
J.  "Specified public transportation" means transportation by bus, rail or any other 
conveyance other than aircraft provided by a private entity to the general public, with 
general or special service, including charter service, on a regular and continuing 
basis. 
K.  "Standards of construction" means: 
(1) For a transportation facility, the accessibility standards adopted by the federal 
Department of Transportation, 49 Code of Federal Regulations, Sections 37.9, 
37.41, 37.43 and 37.45 (2010); 
(2) For a facility constructed or altered by, on behalf of or for the use of a public 
entity, other than a transportation facility, the 2010 ADA Standards for 
Accessible Design, 28 Code of Federal Regulations, Sections 35.104 and 35.151; 
and 
(3) For a place of public accommodation or a commercial facility, other than a 
facility covered by subparagraphs (1) or (2), the 2010 ADA Standards for 
Accessible Design, 28 Code of Federal Regulations, Section 36.104 and Section 
36.401 to 36.407. 
L.  "Transportation facility" means a facility constructed or altered by, on behalf of or 
for the use of: 
(1) Any public entity that provides designated public transportation or intercity or 
commuter rail transportation; 
(2) Any private entity that provides specified public transportation; or 
(3) Any private entity that is not primarily engaged in the business of transporting 
people but operates a demand responsive system or fixed-route system. 
2.  Facilities attested.  This section applies to new construction and alterations of 
transportation facilities, places of public accommodation and commercial facilities and 
facilities constructed or altered by, on behalf of or for the use of a public entity, if: 
A.  The last application for a building permit or permit extension is certified to be 
complete by the appropriate state, county or local government entity on or after 
March 15, 2012; 
B.  In a jurisdiction where the government does not certify completion of 
applications, the last application for a building permit or permit extension is received 
by the appropriate state, county or local government entity on or after March 15, 
2012; or 
C.  If no permit is required, the start of physical construction or alterations occurs on 
or after March 15, 2012. 
3.  Unlawful discrimination.  In addition to failure to meet applicable accessible 
building requirements in subchapter 4, for purposes of this Act, unlawful discrimination 
includes, but is not limited to: 
A.  For new construction or alterations subject to this section, the failure to meet the 
standards of construction; and 
B.  For alterations subject to this section in which the estimated total costs for 
alterations to an existing building exceed $100,000, and in which the proposed 
alteration substantially affects that portion of the building normally accessible to the 
public, the failure of a place of employment or public accommodation altered on or 
after March 15, 2012 to meet the following 4 parts of the standards of construction: 
(1)  206 accessible routes; 
(2)  206.5 doors; 
(3)  208 parking spaces for use by persons with a physical disability; and 
(4)  604.8 toilet compartments, at least one of which must comply with 604.8.1. 
4.  Barrier-free certification.  If the costs of construction or alterations are at least 
$50,000, the builder of a facility to which this section applies must obtain a certification 
from an architect, professional engineer, certified interior designer or landscape architect 
who is licensed, certified or registered to practice under Title 32 and is practicing within 
the scope of that individual's profession that the plans meet the requirements of 
subsection 3. The builder shall provide the certification to the Office of the State Fire 
Marshal with the plans of the facility. The builder shall also provide the certification to 
the municipality where the facility exists or will be built. Nothing in this section may be 
construed to change the scope of practice of any individual licensed, certified or 
registered to practice under Title 32. 
5.  Training, education and assistance.  The commission and the Office of the State 
Fire Marshal, with input from organizations representing persons with disabilities, shall 
develop, as necessary, information packets, lectures, seminars and educational forums on 
barrier-free design for the purpose of increasing the awareness and knowledge of owners, 
architects, professional engineers, certified interior designers, landscape architects, code 
enforcers, building contractors, persons with disabilities and other interested parties. 
6.  Mandatory plan review; certification.  A builder of a proposed public building 
shall submit plans to the Office of the State Fire Marshal prior to construction to ensure 
that the plans meet the standards of construction. 
A.  For purposes of this subsection, "public building" means any building or structure 
constructed, operated or maintained for use by the general public, including, but not 
limited to, all buildings or portions of buildings used for: 
(1)  State, municipal or county purposes; 
(2)  Education; 
(3)  Health care, residential care nursing homes or any facility licensed by the 
Department of Health and Human Services; 
(4)  Public assembly; 
(5)  A hotel, motel, inn or rooming or lodging house; 
(6)  A restaurant; 
(7)  Business occupancy of more than 3,000 square feet or more than one story; 
or 
(8)  Mercantile occupancy of more than 3,000 square feet or more than one story. 
B.  The municipal authority having jurisdiction to issue building permits may not 
issue a building permit unless the Office of the State Fire Marshal approves the plans 
and certifies that the plans for the public building covered by this subsection meet the 
standards of construction.  If the builder of a facility is required to obtain barrier-free 
certification, a permit for construction from the Office of the State Fire Marshal is 
also required.  If no decision is rendered within 2 weeks of submission to the Office 
of the State Fire Marshal, the builder may submit the permit request directly to the 
municipality with an attestation from an architect or professional engineer licensed or 
registered to practice under Title 32 that the plans meet the standards of construction. 
7.  Inspection.  If officials of the municipality in which a restaurant, motel, hotel or 
inn; state, municipal or county building; or an elementary or secondary school covered by 
this subsection is constructed, renovated, remodeled or enlarged inspect buildings for 
compliance with construction standards, that inspection must include an inspection for 
compliance with plans certified by the Office of the State Fire Marshal or by a 
professional pursuant to subsection 4.  The municipal officials shall require that a facility 
covered by this paragraph be inspected for compliance with the standards of construction 
required by subsection 3 before the municipal officials permit a facility covered by this 
paragraph to be occupied. 
8.  Voluntary plan review.  Builders of facilities not governed by subsection 6 may 
submit plans to the Office of the State Fire Marshal to ensure that the plans meet the 
standards of construction required by subsection 3. Certification for a voluntary plan 
review may be provided by an architect, professional engineer, certified interior designer 
or landscape architect licensed, certified or registered to practice under Title 32 and 
practicing within the scope of that individual's profession. 
9.  Waivers; variance.  Builders of facilities governed by subsection 6 that are 
private entities, when the facilities are not to be owned or operated by, or leased to or by, 
a public entity, may file a petition with the State Fire Marshal requesting a waiver or 
variance of the standards of construction. If a representative of the Office of the State Fire 
Marshal determines, in cases covered by mandatory plan review pursuant to subsection 6, 
that compliance with this section and its rules is structurally impracticable, the State Fire 
Marshal may provide for modification of, or substitution for, these standards. In all 
petitions for variance or waiver, the burden of proof is on the party requesting the 
variance or waiver to justify allowing the variance or waiver. 
10.  Appeals relating to mandatory plan reviews.  Decisions of the State Fire 
Marshal on requests for waivers or variances in cases covered by mandatory plan review 
under subsection 6 are subject to review in Superior Court upon petition of the aggrieved 
party within 30 days after the issuance of the decision for which review is sought. The 
court may enter an order enforcing, modifying or setting aside the decision of the State 
Fire Marshal, or it may remand the proceeding to the State Fire Marshal for further action 
as the court may direct. 
11.  Fees.  The Office of the State Fire Marshal shall establish fees for reviews, 
waivers or variances under this section. The Office of the State Fire Marshal shall pay all 
fees to the Treasurer of State to be used to carry out this subchapter. Any balance of these 
fees does not lapse but is carried forward as a continuing account to be expended for the 
same purposes in the following fiscal years. 
SUMMARY 
This bill amends the Maine Human Rights Act to update the accessible building 
requirements in the Maine Revised Statutes, Title 5, chapter 337, subchapter 5 in light of 
the adoption of the 2010 ADA Standards for Accessible Design by the federal 
Department of Justice on September 15, 2010.