Physically Disabled Requirements
The barrier-free design (Article 33 of the Kentucky Building Code) applies to all buildings and facilities, including both rooms and spaces, site improvements, exterior facilities and public walks as follows:New Construction:
- Storage, miscellaneous and temporary occupancies in which the total occupant load is in excess of 100 persons or 20,000 square feet or 3 stories.
- Factory and industrial occupancies in which the total occupant load is in excess of 100 persons* or 20,000 square feet.
- Business occupancies in which the total occupant load is in excess of 100 persons* or 10,000 square feet.
- Mercantile occupancies in which the total occupant load is in excess of 100 persons*, 3,000 square feet of sales area or 10,000 square feet of total floor area.
- Churches, parochial and private schools and other similar non-public assembly type occupancies in which the total occupant load is in excess of 250 persons* or 3,200 square feet.
- Assembly occupancies [other than those in subsection (5)] in which the total occupant load is in excess of 50 persons* or 1,500 square feet total area.
- Residential occupancies, with the exception of single-family dwellings, duplexes and multi-family housing projects of less than 25 dwelling units.
- Institutional occupancies, with the exception of child day care facilities providing care for less than 13 children.
- All buildings and facilities which are leased or owned by the state, county, city or other municipal corporations, regardless of type of use, occupant load or total square footage.
- Any establishment which is physically located within any building or facility otherwise covered by this section, or within the premises of which is physically located within any such covered establishment, and which also holds itself out as serving patrons of such covered establishment.
- All gasoline service stations, regardless of size or occupant capacity.
- Any building with an occupant load, occupancy type or size not listed in the section shall be exempt from the requirements of this regulation as a "small business concern".
To determine if the Barrier-Free Design requirements apply, the area and occupant load are taken from the size and occupancy requirements for new construction above and applied to the following:
- Alterations and repairs may be made to any structure without requiring other areas of the existing structure to comply with the accessibility requirements of this regulation provided such new work conforms to the of a new structure.
- Additions to an existing facility shall comply with the standards established by this regulation for new construction; however, the existing portion need not comply, provided such additions do not result in decreased accessibility.
- Remodeling involving major structural changes to a building shall require full compliance with all applicable provisions of this regulation.
- The restoration or authentic reconstruction of buildings designated as historic properties by the Kentucky Heritage Commission or the National Register of Historic Places are exempt from the requirements of this regulation.