                                 CODE OF VIRGINIA

FACILITIES FOR PERSONS WITH PHYSICAL DISABILITIES IN CERTAIN BUILDINGS;
DEFINITIONS; CONSTRUCTION STANDARDS; WAIVER; TEMPORARY BUILDINGS (§ 2.2-1159)

A. For the purposes of this section and § 2.2-1160:
			&#8220;Building&#8221; means any building or facility, used by the public,
which is constructed in whole or in part or altered by the use of state, county
or municipal funds, or the funds of any political subdivision of the
Commonwealth. &#8220;Building&#8221; shall not include public school buildings
and facilities, which shall be governed by standards established by the Board of
Education pursuant to § 22.1-138.
			&#8220;Persons with physical disabilities&#8221; means persons with:

   1. Impairments that, regardless of cause or manifestation, for all practical
   purposes, confine individuals to wheelchairs;

   2. Impairments that cause individuals to walk with difficulty or insecurity;

   3. Total blindness or impairments affecting sight to the extent that the
   individual functioning in public areas is insecure or exposed to dangers;

   4. Deafness or hearing loss that might make an individual insecure in public
   areas because he is unable to communicate or hear warning signals;

   5. Faulty coordination or palsy from brain, spinal, or peripheral nerve
   injury; or

   6. Those manifestations of the aging processes that significantly reduce
   mobility, flexibility, coordination and perceptiveness but are not accounted
   for in the aforementioned categories.

B. The Division shall prescribe standards for the design, construction, and
alteration of buildings constructed in whole or in part or altered by the use of
state funds, other than school funds, necessary to ensure that persons with
physical disabilities will have ready access to, and use of, such buildings.

C. The governing body of a county, city or town or other political subdivision
shall prescribe standards for the design, construction and alteration of
buildings, not including public school facilities, constructed in whole or in
part or altered by the use of the funds of such locality or political
subdivision necessary to ensure that persons with physical disabilities will
have ready access to, and use of, such buildings. The Division shall consult
with the governing bodies upon request.

D. The Division, with respect to standards issued by it, and the governing body
of any county, city or town or other political subdivision with respect to
standards issued by it may:

   1. Modify or waive any such standard, on a case-by-case basis, upon
   application made by the head of the department, agency or other
   instrumentality concerned, upon determining that a modification or waiver is
   clearly necessary; and

   2. Conduct necessary surveys and investigations to ensure compliance with such
   standards.

E. The provisions of this section and &#xA7; 2.2-1160 shall apply to temporary
and emergency construction as well as permanent buildings.

HISTORY: 1970, c. 539, §§ 2.1-109.01, 2.1-109.02, 2.1-109.03, 2.1-109.04,
2.1-109.06, 2.1-109.07; 1972, c. 223; 1977, c. 672, §§ 2.1-514, 2.1-515,
2.1-516, 2.1-517, 2.1-519, 2.1-520, 2.1-521; 1993, c. 226; 2001, c. 844; 2023,
cc. 148, 149.