§ 60.2. Jurisdiction and effective dates.
(a) Applicability. This chapter applies to government buildings, private buildings and building sites as follows:
(1) Factories, powerplants, mercantile buildings, shopping centers, department stores, retail stores, restaurants with sit-down, interior dining facilities, 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 and garages.
(2) Theaters, motion picture theaters, museums, concert halls and summer stock theaters.
(3) Public halls, dance halls, banquet halls, lodge halls, skating rinks, armory halls or any other type of auditorium where the public assembles.
(4) Places of worship.
(5) Apartment houses, multistory condominium complexes, certain multifamily dwellings, clubhouses, lodging houses and rooming houses.
(6) Grandstands, sports arenas, stadiums and amphitheaters.
(7) Other buildings, facilities or complexes used by the public.
(8) Building sites. The standards and specifications set forth in the act and this chapter also apply to building sites for a building or facility to which the act applies. These building sites shall provide an accessible route.
(b) Effective date. This chapter shall be effective as follows:
(1) New construction. New construction of buildings, building sites and facilities subject to the act and this chapter which was begun on or after February 18, 1989, shall be accessible to, and usable by, persons with physical disabilities.
(2) Existing buildings. Remodeling of buildings, building sites and facilities subject to the act and this chapter which was begun on or after March 12, 1994, shall be accessible to, and usable by, persons with physical disabilities to the following degree:
(i) When the construction cost of the remodeling is less than 30% of the worth of the building, only the remodeled area shall be made accessible to, and usable by, persons with physical disabilities. An accessible route to the remodeled area is not required.
(ii) 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 shall be made accessible to, and usable by, persons with physical disabilities, and an accessible route to the remodeled area shall be provided. The cost of providing an accessible route to the remodeled area may not be considered when calculating the required degree of conformity.
(iii) 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 disabilities.
(iv) When a series of remodeling is made to a building over any 3-year period which accumulates in a series of construction costs which total 30% or more but less than 50% of the worth of the building at the beginning of the 3-year period, the remodeled areas shall be made accessible to, and usable by, persons with physical disabilities, and an accessible route to the areas shall be provided. When a series of remodeling is made to a building over a 3-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 3-year period, the entire building and building site shall be accessible to, and usable by, persons with physical disabilities.
(v) The worth of an existing building shall be determined by using the most current edition of the Means ‘‘Building Construction Cost Data’’ or the building owner may submit an appraisal completed by a real estate appraiser certified by the Commonwealth.
(3) Government-leased buildings or building space. Effective March 12, 1995, when a new lease is entered to lease new building space of 2,800 square feet or more, the lessor shall lease a building or building space which is accessible to, and usable by, persons with physical disabilities when the building or building space is leased, in whole or in part, by the use of Commonwealth funds, the funds of an instrumentality of the Commonwealth or the funds of a political subdivision of this Commonwealth. When only a part of a building is being leased, an accessible route shall be provided to the leased space.
(4) New or existing multifamily dwellings. In new residential construction of seven or more units and in remodeling of existing residential buildings of 11 or more units when the remodeling costs exceed 50% of the worth of the building, all grade level apartments or at least a minimum of 25% of the total apartments in the building shall be accessible or adaptable units in buildings without elevators. Twenty-five percent of the total apartment units in buildings with elevators shall be accessible or adaptable units. Multifamily dwellings covered by this section shall comply with this chapter and the applicable provisions of the most current American National Standards Institute Inc. (ANSI) publication pertaining to accessible and adaptable dwelling units.
(c) Exemptions. The following are exempt from this chapter:
(1) Certain residential construction. Existing single-family, townhouse and multifamily dwellings which are exclusively residential and which house ten or fewer families are excluded from the requirements of the act. New single-family, townhouse and multifamily dwellings which are exclusively residential and which house six or fewer families are excluded from the act.
(2) Certain new construction. In new construction of a private building as described in subsection (a) with less than 2,800 square feet of net floor area, only the ground floor of the building shall be accessible to and usable by persons with physical disabilities. Existing private buildings that have less than 2,800 square feet of net floor area are excluded from the act. If an existing private building is remodeled so that the resulting net floor area upon completing of the remodeling will be 2,800 square feet or more, the building shall comply with the act and be accessible to and usable by persons with physical disabilities to the degree required by subsection (b)(2).
(3) Certain construction. In the case of new and existing construction with less than 12,500 square feet of net floor area, an elevator or ramp is not required to provide an accessible route to nonground level floors. Access is required to ground level floors.
(4) Special purpose spaces. Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks, electrical or telephone closets, general utility rooms, walk-in freezers, fur vaults and areas where only employes have occasion to enter and within which the work cannot reasonably be performed by a person with a physical disability because of the nature of the abilities required will be considered ‘‘special purpose spaces.’’
(5) Comparable service areas. In the case of remodeled construction, an accessible route is not required to be provided to the remodeled area if an occupant offers goods, services or facilities that are comparable to those the occupant offers elsewhere in the building in an accessible area. The Department will determine if goods, services or facilities are comparable.
(6) Designated historic buildings. Accessibility provisions are not required when the Department or the State Historic Preservation Officer or other appointed agent for enforcing the historic preservation provisions of the United States Department of Interior determines that renovations cannot be accomplished without threatening or destroying the historic fabric of a building which has been identified and classified by the Historical and Museum Commission as historic or for which an approval for a Part I application to the United States Department of Interior has been granted.
Cross References This section cited in 34 Pa. Code § 60.8 (relating to field inspection).
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