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20

J U N E , 2 0 1 7

State

Now it gets interesting. New Jersey

has its own law governing accessibil-

ity. Commonly called the New Jersey

Barrier Free SubCode, more formally

TITLE 5. COMMUNITY AFFAIRS, CHAPTER

23. UNIFORM CONSTRUCTION CODE,

SUBCHAPTER 7. BARRIER FREE SUBCODE,

(N.J.A.C. 5:23-7)

.

Since our discussion concerns

re-paving projects, the Barrier Free

SubCode speaks to re-paving projects

in

§ 5:23-7.13 Existing facilities –

“(a) Construction projects in existing

buildings or facilities shall comply with

the Rehabilitation Subcode, N.J.A.C.

5:23-6.” T

he Rehabilitation SubCode

provides complete relief from compli-

ance with the Barrier Free SubCode

where the cost to comply is deemed

too excessive.

N.J.A.C 5:23-6 (k) “In a

building required by the barrier free sub-

code to be accessible, where the space

altered is a primary function space, an

accessible path of travel to the altered

space shall be provided up to the point

at which the cost of providing accessi-

bility is disproportionate to the cost of

the overall alteration project; a cost is

disproportionate if it exceeds 20 per-

cent of the cost of the alteration work”.

If the costs are not excessive, the

community must comply with the cur-

rent Barrier Free SubCode. Areas

of expected compliance would be

changes to the striping layout to

accommodate current requirements

for the number and sizes of acces-

sible, and van accessible, parking

spaces and loading areas. After all, it

is only the cost of the paint. However,

ACCESSIBILITY...

from page 18.

CONT I NU E S ON PAGE 22