When adjusted construction cost, as defined, is less than or equal to the current valuation threshold as published by the Division of State Architect, as defined, the cost of compliance with Section 11B-202.4 shall be limited to 20 percent of the adjusted construction cost of alterations, structural repairs or additions.
When the cost of full compliance with Section 11B-202.4 would exceed 20 percent, compliance shall be provided to the greatest extent possible without exceeding 20 percent. An unreasonable hardship exists where the cost of providing an accessible entrance, path of travel, sanitary facilities, drinking fountains and public phones is disproportionate to the cost of the project; that is, where it exceeds 20 percent of the cost of the project without these features. In no case shall the cost of compliance be less than the 20 percent of the adjusted cost of construction.
Where the cost of alterations necessary to make these features fully accessible is disproportionate, access shall be provided to the extent that it can be without incurring disproportionate cost. In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access, in the following order:
- an accessible entrance;
- an accessible route to the altered area;
- at least one accessible rest room for each sex or one accessible single-user or family restroom;
- accessible telephones;
- accessible drinking fountains; and
- when possible, additional accessible elements such as parking, storage, and alarms.
For exemption qualification, please submit a written proposal for review by the Building Official which describes the required feature and costs associated with each improvement that will equal 20% of the value of the proposed construction.