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