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68-120-204 - Buildings and public entertainment facilities to be accessible to handicapped Minimum specifications.

68-120-204. Buildings and public entertainment facilities to be accessible to handicapped Minimum specifications.

(a)  (1)  Any public building that is constructed, enlarged, or substantially altered or repaired after July 1, 2006, shall be designed and constructed pursuant to specifications, approved by the responsible authority, making such building accessible to and usable by physically handicapped persons. The minimum specifications, except as provided in subdivision (a)(2) and § 68-120-205, shall be the 2002 North Carolina Accessibility Code with 2004 amendments, and any further amendments, supplements or subsequent editions, or any other code as the state fire marshal determines by rule, or the currently enforced Uniform Federal Accessibility Standards (UFAS), or the currently enforced Americans with Disabilities Act Accessibility Guidelines (ADAAG). The minimum specifications for a project shall be those in effect at the time the project is submitted to the responsible authority for final approval of the construction, enlargement, alteration, or repair.

     (2)  For public buildings for which a local building inspector is the responsible authority, a local government may select handicapped accessibility specifications from the codes or publications listed in subdivision (a)(1) or from the codes or publications of other nationally recognized agencies or organizations.

     (3)   All public buildings constructed or remodeled in accordance with the standards, and requirements of this part, or containing facilities that are in compliance therewith, shall display a symbol, which is white on a blue background. The specifications for this symbol shall be furnished by the department of transportation indicating the location of such facilities designed for the physically handicapped. When a building contains an entrance other than the main entrance which is ramped or level for use by the physically handicapped persons, a sign showing its location shall be posted at or near the main entrance which shall be visible from the adjacent public sidewalk or way.

(b)  All auditoriums, theaters, gymnasiums, stadiums, and other public entertainment facilities must provide accommodations in level or nearly level locations from which persons confined in wheelchairs may see and hear the offered entertainment as well as persons regularly seated in the facility.

(c)  All accommodations required by subsection (b) shall comply with subsection (a), and with state and local fire safety requirements for emergency egress.

[Acts 1970, ch. 484, § 4; 1974, ch. 545, § 2; 1977, ch. 429, § 1; 1979, ch. 333, § 1; impl. am. Acts 1981, ch. 264, § 12; T.C.A., § 53-2547; Acts 1983, ch. 372, § 3; 1984, ch. 803, § 1; T.C.A., § 68-18-204; Acts 1996, ch. 828, § 1; 2005, ch. 284, § 4.]  

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