In this subtitle the following words have the meanings indicated. “Facility for handicapped individuals” includes any door, elevator, handrail, ramp, specially treated surface, or similar design, convenience, or device that facilitates the health, safety, or comfort of a handicapped individual. “Handicapped individual” means an individual with a measurable limitation of mobility caused by disease, trauma, or congenital defect. “Public building” means a building, structure, or improved area that is: owned by the State or any political subdivision of the State; or constructed for lease by the State or a political subdivision of the State. “Public building” includes: an educational facility constructed with public funds or owned or operated by the State or a political subdivision of the State; a public mass transportation accommodation, such as a terminal or station, that is supported by public funds; and an improvement of a public area used for gathering or amusement, including a public park, recreation center, or the like.

The General Assembly finds that public buildings that lack facilities for handicapped individuals: create a substantial risk of death or injury to handicapped individuals and others in both normal and emergency conditions; and impair the full use and enjoyment of the public buildings by handicapped individuals for education, employment, recreation, training, or treatment.

The design of any public building by the State or a political subdivision of the State is governed by this subtitle.

Plans and specifications for the construction of any public building, other than a building to be used as a penal institution, shall provide for facilities for handicapped individuals.

Except as otherwise provided in subsection (b) of this section, if curbs or sidewalks at the intersection of 2 or more streets or roads are constructed or reconstructed by the State Highway Administration, by a political subdivision, or by a private contractor for dedication to a political subdivision, the curbs or sidewalks shall have ramps or curb cuts: graded onto the crosswalks of the intersection; at least 40 inches wide; and constructed to allow reasonable access to the crosswalks by physically handicapped individuals. Ramps or curb cuts are not required under this section if, for a particular intersection outside Baltimore City, the State Highway Administration determines or, for a particular intersection in Baltimore City, the Baltimore City Department of Public Works determines that: ramps or curb cuts would be contrary to public safety; the cost of ramps or curb cuts would be too great considering the need for them or their probable use; or the sparsity of population, the existence of other ways, or other factors show the lack of a need for ramps or curb cuts. Nothing in this section may be construed to prevent the State Highway Administration from certifying any project described in this section for the purpose of determining statewide eligibility for federal assistance.

Braille numbers or raised print numbers that indicate floors or levels shall be installed on the control panels in each elevator located in a public building.

As provided in the State budget, the Secretary of General Services shall provide, in central locations in units of the State and local government and other public facilities jointly recommended by the Secretary of Health and the State Superintendent of Schools, teletypewriters for the use of deaf individuals. These locations shall provide access to emergency police, fire, and rescue services. The teletypewriters shall be connected electronically so as to provide a means of communication between deaf individuals and the offices of major public and private facilities equipped with similar machines within a toll–free telephone district. Whenever a unit of the State or a local government gives out conventional public service telephone numbers to the public on written material, it shall also give out corresponding teletypewriter numbers on the written material. The teletypewriter numbers may be included at the time of stock replenishment.

In any place to which this subtitle applies, any toilet facility, ramp, building entrance, drinking fountain, parking, or walk that is usable by handicapped individuals shall be marked with a suitable symbol.

The Board of Public Works, through the Department of General Services, shall publish minimum standards for facilities for handicapped individuals in public buildings. The standards shall conform to American Standards Association specification A 117.1-1961, as modified by the Department of General Services. The standards may not require facilities for handicapped individuals in any part of a public building that is not open to or used by the general working force or the general public. The appropriate contracting authority shall determine whether the plans and specifications for any public building built by the State, a political subdivision of the State, or a public authority meet the standards adopted under this section. The standards shall be filed with the Secretary of State.

The Department of General Services is responsible for the enforcement of this subtitle if: any State capital nonschool funds are used; or construction is on State-owned land. The governing body of a political subdivision is responsible for the enforcement of this subtitle if: construction is not on State-owned land; funds of the political subdivision are used; and no State funds are used, except for State funds for school construction.

This subtitle may be cited as the “Maryland Facilities for the Handicapped Act”.