BUILDING ALTERATIONS AFFECTING ACCESSIBILITY

Senate Bill 1207 as passed by the Senate

Sponsor:  Sen. Ken Horn

House Committee:  Regulatory Reform

Senate Committee:  Economic Development and International Investment

Complete to 12-10-18

SUMMARY:

Senate Bill 1207 would add a new section to the Stille-DeRossett-Hale Single State Construction Code Act to require that when alterations to a building are made that affect accessibility to, or contain, a primary function area, the route to the primary function area must be accessible. The accessible route to the primary function area would have to include toilet facilities and drinking fountains serving the area of primary function. However, the bill would not require the costs of providing the accessible route to exceed 20% of the total costs of the alterations affecting the area of primary function. The bill would define “alteration” and “primary function” as those terms are defined in the Michigan Rehabilitation Code for Existing Buildings or as otherwise provided by departmental rule.

[According to information on the Americans with Disabilities Act (ADA) provided at ADA.gov, the terms generally refer to renovations or repairs to any area where people carry out one or more of the major activities for which a facility is used. Under the ADA, when a primary function area is altered, both the path of travel to the altered area and also to amenities serving it (e.g., toilets) must be made accessible, unless the costs are considered disproportionate to the total cost of the alterations (considered as greater than 20% of the total cost).]

The bill would take effect 90 days after being enacted.

Proposed MCL 125.1513g

FISCAL IMPACT:

Senate Bill 1207 would not have a fiscal impact on any unit of state or local government, as the bill would be in line with the existing 2010 Americans with Disabilities Act Standards for Accessible Design.

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.