Accessibility Requirements
ADA, Americans with Disabilities Act & MN Accessibility Code
ADA is an acronym for the Americans with Disabilities Act. This federal law was enacted in 1990, to prevent discrimination against disabled people in the US. This is administered by the Federal Government. This federal regulation requires compliance from all commercial building owners, both existing or new construction. If a person with a disability finds that a building is not in compliance with regulations for physical accessibility, he or she can request that the owner correct it. If that correction is not made, the next step is to have the individual person who requested the correction to file a complaint with the Department of Justice.
The Minnesota Accessibility Code, (Chapter 1341 of Minnesota Rules) is administered on a state & local level. It provides specific rules for accessible buildings with specific requirements to facilitate those rules. Some of the Minnesota Accessibility Code is in line with ADA requirements, but they are not exactly alike. While many use the ADA interchangeably with the Minnesota Accessibility Code, they are different rules administered by different branches of government. The Minnesota Accessibility Code is applicable when modifications are made to commercial buildings only. It is not applicable to existing buildings that are not changing structure or occupancy.
What is generally exempt from the Minnesota Accessibility Code?
Detached single and two-family dwellings and accessory structures, and their associated sites and facilities, are not required to be accessible. The MN Accessibility Code is a building code, so it is applicable when new buildings are constructed or existing buildings are altered or their use changed.
What is Technical Infeasibility for an Accessible Component?
The component is only technically infeasible when the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints. Budget restraints do not qualify as making accessibility technically infeasible.
New Buildings and Additions
Sites, buildings, structures, facilities, elements and spaces, temporary or permanent, shall be accessible to persons with physical disabilities. A thorough assessment of accessibility code requirements should be performed by a design professional. These requirements should be addressed in the code summary and in the drawings submitted at permit application.
New Parking Lots and New Striping of Existing Parking Lots
Where parking is provided, accessible parking spaces shall be provided in compliance with the code, including access aisles and signage.
Renewing parking striping requires a permit so it can be reviewed for compliance with the Minnesota Accessibility Code for the number of accessible parking spaces with correct access aisles and an accessible route to the building.
Change of Occupancy in Existing Buildings
When a change of occupancy affects the entire building or a portion of a building, some accessible features must be provided.
Alterations to Buildings
In addition to requirements for new buildings, additions, or changes of use in buildings or parts of buildings, projects that include alterations require accessible features to be added in a particular order of priority. The cost to add the required features need no exceed 20% of the cost of the initial project alteration, unless the project includes new buildings, additions, or changes of use in buildings or parts of buildings.