50-60-213. Accessible exterior routes -- exceptions. - Montana Statutes

     50-60-213. Accessible exterior routes -- exceptions. (1) Except as provided in subsection (6), for a public building, an accessible exterior route must be provided from public transportation stops located within the boundary of the building site, from accessible parking and accessible passenger loading zones within the boundaries of the building site, and from public sidewalks that are immediately adjacent to the building site, if sidewalks exist, to the building's accessible entrance served by the transportation stops, parking and loading zones, or sidewalks.
     (2) (a) When more than one public building is located on a site, at least one accessible exterior route must connect accessible elements, facilities, and buildings that are on the site.
     (b) For the purposes of 50-60-214 and this section, "element" means an architectural or mechanical component of a public building, facility, space, or site and includes but is not limited to telephones, curb ramps, doors, drinking fountains, seating, and water closets.
     (3) An accessible exterior route between accessible public parking and an accessible building entrance must be the most practical direct route.
     (4) (a) A person or entity constructing a public building is not required to fully comply with the provisions of this section if the person can demonstrate that due to characteristics of the terrain, it is structurally impractical to fully comply.
     (b) 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.
     (c) The person or entity shall comply with the provisions of this section to the extent that compliance is not structurally impractical.
     (d) The department shall adopt rules to assist all interested parties involved in the design, construction, and inspection processes in determining structural impracticality.
     (5) (a) If a paved parking lot is not planned or present for a public building, a person or entity constructing the public building is not required to pave the entire lot, unless otherwise required by law, ordinance, or applicable building code, but shall provide pavement or a similarly firm, stable, and slip-resistant surface for parking spaces designated for persons with disabilities.
     (b) An accessible exterior route with a suitably firm, stable, and slip-resistant surface must be provided from the designated parking spaces to an accessible building or facility entrance.
     (c) The total number of designated accessible parking spaces in a parking lot or area must be the number provided for in the applicable state building code or county, city, or town building code.
     (6) An accessible route is not required in cases where there is not a pedestrian route for the general public.
     (7) The state, counties, cities, and towns shall use the same accessibility standards.

     History: En. Sec. 3, Ch. 331, L. 1997; amd. Sec. 14, Ch. 443, L. 2003.