§ 2903 — Exemptions

(a) The following are exempt from the provisions of this chapter, unless compliance with access standards is required by federal law:
(1) Alterations to privately funded and operated dwelling units consisting of two or more stories within a single dwelling unit. This exemption shall not apply to alterations of dwelling units that are operated by State or local government or units that receive federal financial assistance to alter the unit or to provide rental assistance to an altered unit.
(2) Apartments or rooming houses, cooperatives, condominiums, and other residential buildings consisting of three living units or less.
(3) Alterations to the dwelling unit in a public building in which the owner of the public building resides.
(b) Unless required by federal law, dwelling units that consist of three stories or less and two- or three-story retail establishments with a total of 15,000 square feet or less shall be exempt from any requirements pertaining to the installation of elevators. All other multistory buildings shall be provided with vertical access unless the building is exempted from this requirement pursuant to a rule of the Access Board.
(c) Unless required by federal law, any single dwelling unit of two or more stories within a building consisting of four or more dwelling units is not required to have a vertical access within the dwelling unit, provided that five percent of the dwelling units or one unit, whichever is greater, has an accessible entrance, and all the dwelling units meet or exceed the minimum standards required in section 2907 of this title. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)