§ 9-5-103 — Applicability of standards - enforcement

(1) The standards and
specifications set forth in this article shall apply to all buildings and facilities used
for housing that are constructed in whole or in part by the use of state, county, or
municipal funds or the funds of any political subdivision of the state or that are
constructed with private funds. All such buildings and facilities to be constructed
from plans on which architectural drawings are started after July 1, 1975, from any
one of these funds or any combination thereof shall conform to each of the
standards and specifications prescribed in this article. The governmental unit
responsible for the enforcement of this article shall grant exceptions to or modify
any particular standard or specification when it is determined that it is impractical
and would create an undue hardship. Any such exception or modification of the
provisions of this article shall be made in writing as a matter of public record. These
standards and specifications shall be adhered to in those buildings and facilities
that are constructed or proposed on or after April 29, 2003. This article shall apply
to permanent buildings.

(2) The jurisdiction with responsibility for enforcement of this article
pursuant to section 9-5-104 shall designate a board of appeals to hear and resolve
appeals of orders, decisions, or determinations made by the enforcing agency
regarding the application and interpretation of this article.

(3) Any building or facility that would have been subject to this article 5 but
was under construction prior to July 1, 1976, must comply with the following:

(a) If the walls or defining boundaries of an element or space are altered,
then the altered element or space shall comply with the applicable provisions of
section 9-5-105, unless such alteration is technically infeasible. If full compliance
with this article is technically infeasible, compliance shall be implemented up to the
point of technical infeasibility. No alteration shall be undertaken that negatively
impacts accessibility of a building or facility pursuant to ICC/ANSI A117.1. This
subsection (3)(a) shall not be construed to require the moving of any existing walls
not otherwise planned to be moved.

(b) Any additions to a building or facility shall be treated as new construction
for the purposes of enforcement of this article.

(4) The general assembly finds and declares that the standards and
specifications set forth in this article are of statewide concern. Nothing in this
article shall prohibit any municipality or other governmental subdivision from
making and enforcing standards and specifications that are more stringent, and
thus provide greater accessibility, than those set forth in this article.

Legislative History

Source: L. 2003: Entire article amended with relocations, p. 1418, � 1, effective April 29. L. 2017: IP(3) and (3)(a) amended, (HB 17-1067), ch. 19, p. 63, � 3, effective August 9.