63A-5b-1109. Buildings and facilities to which chapter applies — Standards available to interested parties — Division of Facilities Construction and Management staff to advise, review, and approve plans when possible.
| (1) |
Terms Used In Utah Code 63A-5b-1109- Division: means the Division of Facilities Construction and Management created in Section 63A-5b-301. See Utah Code 63A-5b-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
The standards in this section apply to all buildings and facilities used by the public that are constructed or remodeled in whole or in part by the use of state funds, or the funds of any political subdivision of the state. |
| (b) |
All of those buildings and facilities constructed in Utah after May 12, 1981, shall conform to the standard prescribed in this section except buildings, facilities, or portions of them, not intended for public use, including:
| (ii) |
service buildings; and |
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| (2) |
This section applies to temporary or emergency construction as well as permanent buildings. |
| (3) |
| (a) |
The standards established in this section apply to the remodeling or alteration of any existing building or facility within the jurisdictions set forth in this section where the remodeling or alteration will affect an area of the building or facility in which there are architectural barriers for persons with a physical disability. |
| (b) |
If the remodeling involves less than 50% of the space of the building or facility, only the areas being remodeled need comply with the standards. |
| (c) |
If remodeling involves 50% or more of the space of the building or facility, the entire building or facility shall be brought into compliance with the standards. |
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| (4) |
| (a) |
All individuals and organizations are encouraged to apply the standards prescribed in this section to all buildings used by the public, but that are financed from other than public funds. |
| (b) |
The Division of Facilities Construction and Management shall:
| (i) |
make the standards established by this section available to interested individuals and organizations; and |
| (ii) |
upon request and to the extent possible, make available the services of the Division of Facilities Construction and Management staff to advise, review, and approve plans and specifications in order to comply with the standards of this section. |
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| (5) |
| (a) |
This section is concerned with nonambulatory disabilities, semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of incoordination, and aging. |
| (b) |
This section is intended to make all buildings and facilities covered by this section accessible to, and functional for, persons with a physical disability. |
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| (6) |
The standards of this section are the current edition of planning and design criteria to prevent architectural barriers for the aged and persons with a physical disability, as promulgated by the Division of Facilities Construction and Management. |
| (7) |
The responsibility for adoption of the planning and design criteria referred to in this section, and enforcement of this section shall be as follows:
| (a) |
where state school funds are utilized, the State Board of Education; |
| (b) |
where state funds are utilized, the Division of Facilities Construction and Management; and |
| (c) |
where funds of political subdivisions are utilized, the governing board of the county or municipality in which the building or facility is located. |
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Renumbered and Amended by Chapter 329, 2023 General Session
