2006 Code of Virginia § 2.2-1159 - Facilities for persons with physical disabilities in certain buildings; definitions; construction s...

2.2-1159. Facilities for persons with physical disabilities in certainbuildings; definitions; construction standards; waiver; temporary buildings.

A. For the purposes of this section and 2.2-1160:

"Building" means any building or facility, used by the public, which isconstructed in whole or in part or altered by the use of state, county ormunicipal funds, or the funds of any political subdivision of thisCommonwealth. "Building" shall not include public school buildings andfacilities, which shall be governed by standards established by the Board ofEducation pursuant to 22.1-138.

"Persons with physical disabilities" means persons with:

1. Impairments that, regardless of cause or manifestation, for all practicalpurposes, confine individuals to wheelchairs;

2. Impairments that cause individuals to walk with difficulty or insecurity;

3. Total blindness or impairments affecting sight to the extent that theindividual functioning in public areas is insecure or exposed to dangers;

4. Deafness or hearing handicaps that might make an individual insecure inpublic areas because he is unable to communicate or hear warning signals;

5. Faulty coordination or palsy from brain, spinal, or peripheral nerveinjury; or

6. Those manifestations of the aging processes that significantly reducemobility, flexibility, coordination and perceptiveness but are not accountedfor in the aforementioned categories.

B. The Division shall prescribe standards for the design, construction, andalteration of buildings constructed in whole or in part or altered by the useof state funds, other than school funds, necessary to ensure that personswith physical disabilities will have ready access to, and use of, suchbuildings.

C. The governing body of a county, city or town or other politicalsubdivision shall prescribe standards for the design, construction andalteration of buildings, not including public school facilities, constructedin whole or in part or altered by the use of the funds of such locality orpolitical subdivision necessary to ensure that persons with physicaldisabilities will have ready access to, and use of, such buildings. TheDivision shall consult with the governing bodies upon request.

D. The Division, with respect to standards issued by it, and the governingbody of any county, city or town or other political subdivision with respectto standards issued by it may:

1. Modify or waive any such standard, on a case-by-case basis, uponapplication made by the head of the department, agency or otherinstrumentality concerned, upon determining that a modification or waiver isclearly necessary; and

2. Conduct necessary surveys and investigations to ensure compliance withsuch standards.

E. The provisions of this section and 2.2-1160 shall apply to temporary andemergency construction as well as permanent buildings.

(1970, c. 539, 2.1-109.01, 2.1-109.02, 2.1-109.03, 2.1-109.04, 2.1-109.06,2.1-109.07; 1972, c. 223; 1977, c. 672, 2.1-514, 2.1-515, 2.1-516,2.1-517, 2.1-519, 2.1-520, 2.1-521; 1993, c. 226; 2001, c. 844.)

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