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The State of
Maryland has adopted Subpart D of Title III of the Americans with Disabilities
Act ("ADA") and the "Americans with Disabilities Act Accessibility
Guidelines", as part of the Maryland Accessibility Code. Title III requires
that when a commercial building is altered or added to, and that alteration or
addition is made to an area containing a "primary function," additional funds
must be spent to make an accessible "path of travel," as long as the cost of
making an accessible path of travel is not disproportionate to the cost of
construction.
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"Disproportionality"
is defined in the ADA as 20% of the cost of adding to or altering a primary
function area. This means that if someone were to spend $1000 to alter a
primary function area, he/she would have to spend up to an additional $200
towards creating an accessible path of travel.
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In the ADA, "primary
function areas" include, but are not limited to, spaces such as lobbies,
dining areas, meeting rooms and other areas in which public/private activities
are carried out. The ADA also lists items, in order of priority, to which the
20% additional cost figure applies.
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The ADA defines
"path of travel" as the route that one would traverse from the building
entrance to the altered area and to all bathrooms, telephones, and drinking
fountains serving the altered area. Path of travel also includes the areas
containing these services and the fixtures and elements therein.
Maryland Accessibility Code
Excerpt from ADA, Title III
as referenced in the Maryland Code
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