§ 2900. Definitions
As used in this chapter:
(1) “Alteration” means a change to a public building that affects or could affect the
usability of the building or any part of the building. “Alteration” includes remodeling,
renovation, rehabilitation, reconstruction, historic restoration, changes, or rearrangement
in the plan or configuration of walls and full-height partitions. Normal maintenance,
reroofing, painting or wallpapering, asbestos removal, lead paint hazard reduction,
or changes to mechanical and electrical systems are not alterations unless they affect
the usability of the building or facility.
(2) “Ambulatory disability” means an impairment that prevents or impedes walking. A person
shall be considered to have an ambulatory disability if the person:
(A) cannot walk 200 feet without stopping to rest;
(B) cannot walk without the use or assistance of a brace, a cane, a crutch, another person,
a prosthetic device, a wheelchair, or another assistive device;
(C) is restricted by lung disease to such an extent that the person’s forced (respiratory)
expiratory volume for one second, when measured by spirometry, is less than one liter
or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
(D) uses portable oxygen;
(E) has a cardiac condition that causes the person functional limitations classified in
severity as Class III or Class IV according to standards set by the American Heart
Association; or
(F) is severely limited in ability to walk due to having arthritis, or a neurological
or orthopedic condition.
(3) “Blind” means the visual impairment of an individual whose central visual acuity does
not exceed 20/200 in the better eye with corrective lenses or whose visual acuity,
if better than 20/200, is accompanied by a limit to the field of vision in the better
eye to such a degree that its widest diameter subtends an angle of no greater than
20 degrees.
(4) “Covered multifamily dwelling” means a residential unit for sale or rent in a public
building consisting of four or more residential units if the building has one or more
elevators; and a ground floor residential unit for sale or rent in a public building
consisting of four or more residential units, if the building has no elevator. For
the purpose of this chapter, “public building” includes, in addition to the definition
in subdivision (8) of this section, a cooperative or condominium if the building otherwise
meets the definition of “covered multifamily dwelling.”
(5) “Historic building” means any structure that is listed in or eligible for listing
in the National Register of Historic Places or included in the State Register of Historic
Places.
(6) “Maximum extent feasible” means the situation in which the nature of an existing building
or facility makes it virtually impossible to comply fully with accessibility standards.
In these circumstances, the alteration shall provide the maximum physical accessibility
feasible. Any altered feature of the building or facility that can be made accessible
shall be. If providing accessibility to individuals with specific disabilities is
not feasible, the facility shall be made accessible to persons with other types of
disabilities.
(7) “Primary function” means a major activity for which the facility is intended. Areas
that contain a primary function include the customer services lobby of a bank, the
dining area of a cafeteria, the meeting rooms in a conference center, and offices
and other work areas in which the activities of the public or private entity using
the facility are performed. Mechanical rooms, boiler rooms, supply storage rooms,
employee lounges, or locker rooms, janitorial closets, entrances, corridors, and restrooms
are not areas containing a primary function.
(8) “Public building” means a State, county, or municipal building; airport terminal;
bus or railroad station; school building; school; society hall; hotel as defined in
32 V.S.A. § 9202; restaurant; apartment; church or other house of worship; factory; mill; office building
or other building in which persons are employed; store or other space in which goods
are offered for sale at wholesale or retail; nursery; convalescent home; home for
persons who are elders; or child care facility, provided that the term “public building”
does not include a family residence registered as a child care home under 33 V.S.A. chapter 35, subchapter 1. “Public building” also means a tent or outdoor structure, place of
amusement, barn, shed, or workshop, if normally open to the public for the purpose
of offering goods for sale at wholesale or retail; public assembly; or viewing, entertainment,
or education. “Public building” shall not include a working farm or farms, as that
term is defined by section 2730 of this title. However, for purposes of this chapter, “public building” shall not include existing
housing on a working farm provided to farm employees or a farm building that is open
for public tours and for which no fee is charged for those tours.
(9) “Technically infeasible” means that an alteration of a building or a facility has
little likelihood of being made accessible because compliance with accessibility standards
would require removal or alteration of a load-bearing member that is an essential
part of the existing structural frame, or because other existing physical or site
constraints prohibit modification or addition of elements, spaces, or features that
are in full and strict compliance with the minimum requirements for new construction
and are necessary to provide accessibility.
(10) “Unit” means a self-contained portion of a public building under the control of the
owner or lessee of the public building, such as a retail store in a shopping complex
or a restaurant in an office building. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005; amended 2007, No. 172 (Adj. Sess.), § 6; 2013, No. 96 (Adj. Sess.), § 123; 2021, No. 20, § 181.)