New Construction – facilities constructed for first occupancy after January 26, 1993 where the construction documents were submitted for permitting after January 26, 1992.
Subpart D – New Construction And Alterations §36.401
§36.401(a) GENERAL.
§36.401(a)(1) Except as provided in paragraphs §36.401(b) and §36.401(c) of this section, discrimination for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities.
§36.401(a)(2) For purposes of this section, a facility is designed and constructed for first occupancy after January 26, 1993, only –
§36.401(a)(2)(i) If the last application for a building permit or permit extension for the facility is certified to be complete, by a State, County, or local government after January 26, 1992 (or in those jurisdictions where the government does not certify completion of applications, if the last application for a building permit or permit extension for the facility is received by the State, County, or local government after January 26, 1992); and
§36.401(a)(2)(ii) If the first certificate of occupancy for the facility is issued after January 26, 1993.
- Source: Definition from ADA Title III Regulations
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