2005 Vermont Code - § 271. — Definitions

§ 271. Definitions

As used in this chapter,

(1) "Ambulatory disability" means an impairment which prevents or impedes walking. A person shall be considered to have an ambulatory disability if the person:

(A) cannot walk 200 feet without stopping to rest; or

(B) cannot walk without the use or assistance of a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device; or

(C) is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest; or

(D) uses portable oxygen; or

(E) has a cardiac condition which causes the person functional limitations classified in severity as Class III or Class IV according to standards set by the American Heart Association; or

(F) is severely limited in ability to walk due to an arthritic, neurological, or orthopedic condition.

(2) "Blind" means the visual impairment of an individual whose central visual acuity does not exceed 20/200 in the better eye with corrective lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.

(3) "Public buildings" means state, county and municipal buildings, airport terminals, bus and railroad stations, school buildings, school and society halls, hotels as defined in 32 V.S.A. § 9202, restaurants, apartments, churches and other houses of worship, factories, mills, office buildings and other buildings in which persons are employed, stores and other space wherein goods are offered for sale at wholesale or retail, nurseries, convalescent homes, homes for the aged and day care facilities; provided that the term "public buildings" does not include family residences registered as day care homes under 33 V.S.A. chapter 35, subchapter 3.

"Public buildings" also mean tents and outdoor structures, places of amusement, barns, sheds and workshops, if normally open to the public for the purpose of offering goods for sale at wholesale or retail, public assembly or viewing, entertainment or education.

"Public buildings" shall not include a working farm or farms, as that term is defined by section 251a of this title. However, for purposes of this chapter, public buildings shall not include existing housing on a working farm provided to farm employees or farm buildings which are open for public tours and for which no fee is charged for those tours.

(4) "Alteration" means a change to a public building that affects or could affect the usability of the building or any part of the building. "Alteration" includes remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in the plan or configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, lead paint hazard reduction, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.

(5) "Unit" means a self-contained portion of a public building under the control of the owner or lessee of the public building such as a retail store in a shopping complex or a restaurant in an office building.

(6) "Historic building" means any structure that is listed in or eligible for listing in the National Register of Historic Places or included in the state register of historic places.

(7) "Covered multifamily dwelling" means all residential units for sale or rent in public buildings consisting of four or more residential units if the buildings have one or more elevators; and the ground floor residential units for sale or rent in public buildings consisting of four or more residential units, if the buildings have no elevator. For the purpose of this chapter, "public buildings" includes, in addition to the definition in subdivision (3) of this section, cooperatives and condominiums if the buildings otherwise meet the definition of "covered multifamily dwelling."

(8) "Maximum extent feasible" means the situation where the nature of an existing building or facility makes it virtually impossible to fully comply with accessibility standards. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered feature of the building or facility that can be made accessible shall be. If providing accessibility to individuals with specific disabilities is not feasible, the facility shall be made accessible to persons with other types of disabilities.

(9) "Primary function" means a major activity for which the facility is intended. Areas that contain a primary function include the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, and offices and other work areas in which the activities of the public or private entity using the facility are performed. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges, or locker rooms, janitorial closets, entrances, corridors and restrooms are not areas containing a primary function.

(10) "Technically infeasible" means that an alteration of a building or a facility has little likelihood of being made accessible because compliance with accessibility standards would require removal or alteration of a load bearing member that is an essential part of the existing structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements for new construction and are necessary to provide accessibility. (Added 1987, No. 268 (Adj. Sess.), § 5, eff. June 21, 1988; amended 1989, No. 89, § 7; 1989, No. 209 (Adj. Sess.), § 2; 1995, No. 187 (Adj. Sess.), § 2.)