Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.53 - Maryland Accessibility Code › Section 09.12.53.05 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accessible" means a site, building,
				facility, or portion of them that complies with these regulations and that can
				be approached, entered, and used by individuals with disabilities.
(2) "ADA" means the Americans with
				Disabilities Act of 1990, Public Law 101-336,
				42 U.S.C. §
											12101 et seq.
(3) "2010 ADA Standards" means the Americans
				with Disabilities Act Accessibility Guidelines for Buildings and Facilities
				(ADAAG) developed by the United States Architectural and Transportation
				Barriers Compliance Board, and adopted by the United States Department of
				Justice in the 2010 Standards, 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.
(4) "Addition" means an
				expansion, extension, or increase in the gross floor area of a building or
				facility.
(5) Alteration.
(a) "Alteration" means a change to a building
				or facility made by, on behalf of, or for the use of a building or facility,
				that affects or could affect the usability of the building or facility or part
				of it.
(b) "Alteration" includes,
				but is not limited to, remodeling, renovation, rehabilitation, reconstruction,
				historic restoration, changes or rearrangement of the structural parts or
				elements, and changes in the plan configuration of walls and full-height
				partitions.
(c) "Alteration" does
				not include normal maintenance, reroofing, painting or wallpapering, or changes
				to mechanical and electrical systems unless they affect the usability of the
				building or facility.
(6) "ANSI A117.1-1986" means the 1986 Edition
				of American National Standard for Buildings and Facilities Providing
				Accessibility and Usability for Physically Handicapped People, which is
				incorporated by reference.
(7)
				"Building" means any structure used and intended for supporting or sheltering
				any use or occupancy.
(8) "Change
				of use" means an alteration in an existing building to a new use group which
				imposes special provisions of law governing building construction, equipment,
				or means of egress.
(9) "Covered
				multifamily dwelling" means:
(a) Buildings
				consisting of four or more dwelling units if the buildings have one or more
				elevators; and
(b) Ground floor
				dwelling units in buildings consisting of four or more dwelling units if there
				are no elevators in the building, although dwelling units within a single
				structure separated by fire walls do not constitute separate
				buildings.
(10)
				"Designated disability advisory group" means an individual, group of
				individuals, agency, or organization designated in writing by a local
				government or, in the absence of a written designation of a local government,
				by the Secretary, to advise the Department with respect to standards
				substantially equivalent to the 2010 ADA Standards under Regulation .08 of this
				chapter and waiver requests under Regulation .09 of this chapter.
(11) Dwelling Unit.
(a) "Dwelling unit" means a single unit of
				residence for a household of one or more individuals.
(b) "Dwelling unit" includes:
(i) Condominiums;
(ii) An apartment unit within an apartment
				building; and
(iii) Other types of
				units in which sleeping accommodations are provided but toilet or cooking
				facilities are shared by occupants of more than one room or portion of the
				dwelling unit, with examples of this including dormitory rooms and sleeping
				accommodations in shelters intended for occupancy as a residence for homeless
				individuals.
(12) "Existing building" means a structure
				erected before the adoption of this Code, or one for which a legal building
				permit has been issued.
(13)
				"Facilities" means all or any portion of buildings, structures, site
				improvements, roads, walks, passageways, parking lots, or other real property,
				located on a site.
(14) "FHAA"
				means the Federal Fair Housing Amendments Act of 1988,
				42 U.S.C. §
											3604 et seq.
(15) "FHAG" means Fair Housing Accessibility
				Guidelines, adopted by the United States Department of Housing and Urban
				Development in 24 CFR Ch. 1, Part IV, to provide technical guidance on how to
				comply with the Federal Fair Housing Amendments Act (FHAA).
(16) "Historic properties" means a qualified
				historic building or facility that is:
(a)
				Listed or eligible for listing in the National Register of Historic Places;
				or
(b) Designated as historic under
				State or local law.
(17)
				"Mezzanine or mezzanine floor" means that portion of a story which is an
				intermediate floor level placed within the story and having occupiable space
				above and below its floor. For the purpose of these regulations, mezzanine or
				mezzanine floor is considered as a story.
(18) "Secretary" means the Secretary of the
				Department of Labor, Licensing, and Regulation.
(19) "Site" means a parcel of land bounded by
				a property line or a designated portion of a public right-of-way.
(20) "Story" means that portion of a building
				between the upper surface of a floor and the upper surface of the floor next
				above, or the roof above.
(21)
				"Structure" means that which is built or constructed.
(22) "UFAS" means Uniform Federal
				Accessibility Standards developed in accordance with the Architectural Barriers
				Act of 1968, as amended, Public Law No. 90-40,
				42 U.S.C. §§
											4151-
				4157, and adopted by the
				Department of Housing and Urban Development in 24 CFR 40.
(23) "Use group" means the classification of
				a building based on the purpose for which the building is used as listed in the
				building code of the jurisdiction.