An accessible building is one that can be used with a minimum of inconvenience or difficulty by anyone. State and federal laws require all newly constructed or altered public buildings be accessible. A public building is any structure that the public may have occasion to use. All buildings in Vermont are public buildings except an owner-occupied single family dwelling, a residential day care facility, or a working farm.

In 1996, Vermont adopted the federal accessibility rules under the American with Disabilities Act (ADA), called the Americans with Disabilities Act Accessibility Guidelines (ADAAG). Vermont also adopted accessibility requirements which exceed the federal requirements. The Vermont rules called Accessibility in Public Buildings: Rules for New Construction and for Alterations to Existing Buildings, are available from the Vermont Department of Public Safety.

In 1999, the Legislature passed a new law that established minimum access standards for certain newly constructed single and multi-family dwellings. This does not include single family dwellings built by the owners for their personal occupancy or for their family and pre-fabricated houses built out of state.

Public Buildings

When designing your project, consider the barriers that may limit ambulatory and non-ambulatory access to your building and amenities. A simple list includes the following:

Is there accessible parking?
(see ADAAG 4.1.2(5)(a)

Will curb ramps be required?
(see ADAAG 4.7)

Is there at least one accessible entrance?
(see ADAAG 4.14)

Do ramps have a slope less that 12:1?
(see ADAAG 4.8)

Are doorways wide enough?
(see ADAAG 4.13)

Is there an accessible route within the building from the entrance to all major features of the site?
(see ADAAG 4.3)

Are features such as water fountains accessible?
(see ADAAG 4.15)
Is the signage appropriate?
(see ADAAG 4.30)

This list is not exhaustive. Consult the appropriate standards set forth in the Vermont rules to answer your technical construction questions.

You also should know that:

Multi-level public buildings, such as those in downtown areas, should provide vertical access to all levels of the building intended for public use. However, Vermont law does not require an elevator in a two story retail establishment if there is a total of 15,000 square feet or less, and less than 3,000 square feet per story. This does not apply if the building is a shopping center with five or more sales or rental establishments, a professional office of a health care provider, or a terminal or a station for transportation.

Federal law requires elevators in any commercial establishment or public accommodations with three or more stories unless there is 3,000 square feet or less per story.

Housing

All residential construction after July 1, 2001 must meet the following standards and have:

At least one first floor exterior door at least 36 inches wide.

First floor interior doors between rooms that are at least 34 inches wide or open doorways that are level, ramped and beveled.

Interior hallways that are level and at least 36 inches wide.
Environmental and utility controls and outlets at heights in compliance with standards adopted by the Vermont Access Board.

At least one bathroom with walls reinforced to permit attachment of grab bars. The bathroom must be usable by a person with a disability

Also, if the building is to contain four or more dwelling units 5%, but at least one unit per building, must have an accessible ramp to an accessible entrance or have an accessible entrance at grade. All ground floor units, or units served by an elevator must comply with the provisions of the Federal Fair Housing Act. Dwelling units consisting of three stories or less are not required to have an elevator.

Historic Buildings

Historic buildings contribute greatly to Vermont's special character. Over 30,000 are in the State and National Registers of Historic Places and many more are eligible for designation. Most of these were not constructed with accessibility in mind but their generous size and scale can usually accommodate changes to make them accessible. Graded entrance paths, ramps integrated into existing entrances, porches, interior corridors, hardware that opens narrow doors or widens the swing of existing doors, installation of lifts and elevators, and programmatic and service accommodations all increase access.

In downtowns and village centers with abutting buildings access solutions may serve multiple buildings. Creative approaches and simple design can integrate access improvements with a building’s historic character. Vermont rules provide alternative requirements for historic buildings regarding ramp slope, toilets, use of secondary entrances, and upper floor access (see ADAAG 4.1.7(3).

Vermont Access Board and Variances

If access improvements appear infeasible, an owner can ask The Vermont Access Board for a variance. The Access Board adopts rules on technical requirements for accessibility to public buildings The Board also has legislative authority to hear and grant variances from particular provisions of Vermont rules. The Board has no authority to grant variances from those portions of the Vermont law which are also federal requirements. For example, the Board has no authority to grant a variance from the federal law requiring elevators in commercial establishments of three stories or more with 3000 square feet per story.

An applicant for a variance must demonstrate to the Board that federal law does not require a particular accessible feature. The applicant then must show:

the construction would be prohibitively costly as relative to the cost of the building or alteration project.; or
the construction of the accessible feature would threaten or destroy the historic significance of a building or project; or
that adjoining levels of the building could be made accessible by a lift instead of an elevator.

The Vermont Access Board meets the last Monday of each month. For more information on The Vermont Access Board, or to request a hearing, contact the Department of Public Safety, Division of Fire Safety at 1.800.640.2106.

Tax Credits and Grants

Owners of historic and non-historic buildings may be eligible for federal and state tax credits and deductions and federal and state grants:

Disabled Access Tax Credit

Federal 50% tax credit for expenses up to $10,250.
Contact: IRS or http://www.usdoj.gov/crt/ada/taxpack.htm

Tax Deduction to Remove Architectural and Transportation Barriers

Federal tax deductions up to $15,000.
Contact: IRS or
http://www.usjoj.gov/cart/ada/taxpack.htm

Rehabilitation Investment Tax Credit (RITC)

Federal 20% tax credit for substantial rehabilitation of income-producing historic buildings.
Contact: Vermont Division for Historic Preservation (802) 828-3047.

Vermont Downtown Program

In designated downtowns, a 5% state tax credit that is added to the RITC (above) or a 25% tax credit for rehabilitation of older and historic buildings that cannot use the RITC.
Contact: Vermont Downtown Program, (802) 828-3042 or 5212

Community Development Block Grant Program—Accessibility Modification Grants

Federal grants up to $100,000. For access improvements to municipal buildings and libraries.
Contact: Vermont Department of Housing and Community Affairs (802) 828-5215

Cultural Facilities Grants

State grants up to $4,000 for work on cultural facilities including access improvements.
Contact: Vermont Arts Council (802) 828-3778

OTHER RESOURCES

For general information regarding Federal ADA requirements, contact:

Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(800) 514-0301 (Voice)
(800) 514-0383 (TTY)

For questions regarding federal technical accessibility requirements, contact:

New England ADA Center
(800) 949-4232

For information and assistance on historic buildings, contact:

Vermont Division for
Historic Preservation
National Life Building, Drawer 20
Montpelier, VT 05620-0501
(802) 828-3045

For further information contact:

Vermont Center for Independent Living
11 East State Street
Montpelier, VT 05602
(800) 639-1522
VCIL@plainfieldbypass.com

Accessibility of Historic Buildings: A Field Guide published by the University of Vermont Graduate Program in Historic Preservation in conjunction with the Vermont Department of Public Safety and the Vermont Division of Historic Preservation, provides detailed information on accessibility of historic sites. This document is available through the Vermont Department of Public Safety at http://www.vtfiresafety.org or by calling 1.800.640.2106.

Vermont Department of Public Safety | Division of Fire Safety | Telephone: 802.479.7561
This page last edited December 12, 2008 | Send Comments/Suggestions

ACCESS TO PUBLIC BUILDINGS IN VERMONT What Builders and Developers Need to Know about The Americans with Disabilities Act

ACCESS TO PUBLIC BUILDINGS IN VERMONT
What Builders and Developers Need to Know about The Americans with Disabilities Act