Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.301 - BUILDING CODES › Subchapter 24.301.9 - Building Accessibility Rules › Rule 24.301.904 - SITE ACCESSIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Section
				50-60-213,
				MCA, requires that construction of a public building or alteration of primary
				function areas of a public building, which have not been issued a legal
				building permit prior to October 1, 1997, include compliance with the
				requirements of the IBC and the requirements established by ICC/ANSI A117.1,
				which include the building site, parking areas, passenger loading zones,
				private sidewalks and the accessibility from adjacent sidewalks, public streets
				and public transportation stops. Existing public buildings that are not
				undergoing an alteration to a primary function area are not subject to the
				accessibility requirements. Primary function area means an area of building or
				facility in which a major activity for which the building or facility is
				designed is carried out.
(2) An
				accessible exterior route must be provided to the building's accessible
				entrance from public transportation stops, accessible parking spaces and
				accessible passenger loading zones within the boundaries of the building site
				and from public sidewalks, if they exist, that are immediately adjacent to the
				building site. When more than one public building is on a building site, at
				least one accessible exterior route must connect all accessible buildings,
				facilities and elements on the site. An accessible exterior route must be the
				most direct route from the accessible public parking to the accessible public
				entrance. An accessible route is not required in cases when there is not a
				pedestrian route for the general public.
(3) Sections 1104 and 1106 of the IBC are
				each amended by addition of the following: "A person or entity may not be
				required to meet fully the accessible exterior route requirements for new
				buildings or alterations to existing buildings, where the person or entity can
				demonstrate that due to unique characteristics of the terrain, it is
				structurally impractical to fully comply, as determined on a case-by-case
				basis, at the discretion of the building official. Full compliance may be
				considered structurally impractical only in those rare circumstances when the
				unique characteristics of the terrain prevent the incorporation of
				accessibility features. The person or entity shall comply with the accessible
				facilities requirements to the extent that compliance is not structurally
				impractical."
(4) An alteration
				which affects the access to a primary function area of a building must be made
				accessible to the fullest extent possible to ensure that the path of travel to
				the altered primary function area and the restrooms, telephones and drinking
				fountains serving the altered primary function area are readily accessible and
				useable by persons with disabilities.
(5) During an alteration to a primary
				function area of a building or structure, a person or entity is not required to
				make alterations to the accessible path of travel if the costs are
				disproportionate to the cost of the alterations to the primary function area.
				Disproportionate costs are considered to be an amount that exceeds 20% of the
				cost of the alteration being performed to the primary function area. If the
				cost of altering a path of travel is disproportionate as referenced above, the
				path of travel must be made accessible to the extent possible without incurring
				disproportionate costs, utilizing the order of priority established in
				50-60-214(2)
				(b), MCA.
(6) Each new building or alteration to an
				existing building which provides off street parking shall provide at least one
				accessible parking space with required additional parking spaces as established
				in Table 1106.1 and Section 1106. One van accessible parking space shall be
				provided for every eight accessible parking spaces, or fraction thereof. If
				only one accessible parking space is required, the space shall be a van
				accessible parking space.
AUTH:
					 50-60-203,
					 MCA IMP:
					 50-60-201,
					 50-60-213,
					 MCA