CPHD
Accessibility
The State of Virginia has adopted the ICC International Building Code (IBC) as part of the Virginia Uniform Building Code (VUSBC). The IBC contains accessibility requirements of the VUSBC. It should be noted that although requirements of VUSBC are similar to those of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Fair Housing Act (FHA), there are some distinct differences. It is also important to note that Arlington County Building Department only has the authority to enforce the provisions of the VUSBC that primarily deals with built environment within a given site. These provisions do not address public right-of-way.
VUSBC requires that when a commercial building is altered or added to, and that alteration or addition is made to an area containing a "primary function," additional funds must be spent to make an accessible "path of travel," as long as the cost of making an accessible path of travel is not disproportionate to the cost of construction.
"Disproportionality" is defined as 20% of the cost of adding to or altering a primary function area. This means that if someone were to spend $1000 to alter a primary function area, he/she would have to spend up to an additional $200 towards creating an accessible path of travel.
"Primary function areas" include, but are not limited to, spaces such as lobbies, dining areas, meeting rooms and other areas in which public/private activities are carried out. VUSBC also lists items, in order of priority, to which the 20% additional cost figure applies.
VUSBC defines "path of travel" as the route that one would traverse from the building entrance to the altered area and to all bathrooms, telephones, and drinking fountains serving the altered area. Path of travel also includes the areas containing these services and the fixtures and elements therein.
To ensure compliance with these requirements, Inspection Services Division (ISD) requires that all plans and applications for alterations and additions to commercial buildings include a cost-disproportionality statement signed and sealed by a Virginia-registered design professional and/or the building owner. The statement must specify the improvements to be made to the path of travel within the 20% prescription.
For the convenience of our customers, ISD has developed an Accessibility Compliance form to be submitted with all construction documents for alteration and addition to all buildings except one- and two-family dwellings. You may contact us at (703) 228-3800 if you have questions about the disproportionality rule or if you need additional information
