41-1492.04. New construction and alterations in public accommodations and commercial facilities

A. Except as provided in subsection B of this section, as applied to public accommodations and commercial facilities, " discriminatory" for purposes of section 41-1492.02 includes:

1. A failure to design and construct facilities for first occupancy later than January 26, 1993 that are readily accessible to and usable by individuals with disabilities, except if an entity can demonstrate that it is structurally impracticable to meet the requirements of subsection B of this section in accordance with standards set forth or incorporated by reference in rules adopted under this article.

2. With respect to a facility or part of a facility that is altered by, on behalf of or for the use of an establishment in a manner that affects or could affect the usability of the facility or part of a facility, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. If the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the toilet rooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities if the alterations to the path of travel or the toilet rooms, telephones and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope.

B. Subsection A of this section shall not be construed to require the installation of an elevator for facilities that are fewer than three stories or that have less than three thousand square feet per story unless the building is a shopping center, a shopping mall or the professional office of a health care provider or unless the attorney general determines that a particular category of facilities requires the installation of elevators based on the usage of the facilities.